
基隆市林姓男子去年底在交友社群網站結識未成年少女小芬(化名),以承諾支付車資誘其搭計程車至住處後強制性交得逞。基隆地院審理後認定,即使網路對話曾表示願意,也不代表抵達現場後仍維持同意,依強制性交罪判處林男3年6月徒刑,可上訴。
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基隆市林姓男子去年底在交友社群網站上結識未成年少女小芬(化名),以承諾支付車資誘對方搭計程車到他住處後,被控性侵小芬得逞。
基隆市林姓男子去年底,在交友社群網站上結識未成年少女小芬(化名),以「承諾支付車資」,誘對方搭計程車到他住處後,被控性侵小芬得逞。基隆地院審理時,林抗辯稱,「雙方已約定好要發生性行為」;不過,法官認為,小芬當下「說不,就是不」,依林男犯強制性交罪判處3年6月徒刑。
判決指出,林男在臉書「找男女朋友的群」社群中,結識小芬,去年12月17日凌晨,邀小芬至基隆市住處見面,並承諾會支付搭車前來的車資。小芬依約凌晨3時許,從新北市住處攔搭、由徐姓運將駕駛的計程車前往。小芬抵達林男居所後,為了向林男拿取承諾的車資,將隨身包包留在車上,隨後下車走進林男住處,徐姓司機則在林男住處外等候。
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林男見小芬依約前來,要求當時在屋內的友人離開,讓他與小芬獨處。林在友人離去後,不顧小芬極力反抗,強脫小芬的衣服與內外褲後,性侵得逞。小芬遭性侵後,狂奔回計程車,向徐男哭訴遭林性侵,徐隨即打電話報警逮人。
檢方調查後,依小芬控訴與徐男證詞等事證,起訴林男強制性交罪。法院審理時,林男提出與小芬網路對話紀錄,抗辯雙方已約定好要發生性行為,並以小芬事後驗傷無明顯外傷,報案時未情緒激動的大哭,否認性侵小芬。
合議庭法官依最高法院判決意旨,「性自主決定權」即「性同意權」,強調「說不,就是不」、「她說願意才是願意!」, 「沒有得到清楚明瞭的同意,就是不同意!」;即使過去在網路對話有表示過願意,也不代表抵達現場後,仍維持相同意願。
合議庭認為,每個人遭遇重大侵害事件後的心理反應因人而異,不能僅憑小芬報案陳述時,情緒較平靜即反推所述不實,且依徐的證詞,與案發後急欲脫離現場等客觀事證,認定林男犯行明確,依林男犯強制性交罪判處3年6月。可上訴。
AI outlook — possibilities, not facts
林男將對基隆地方法院的判決提出上訴
Likely · Within weeks

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