The second uncle molested his niece 20 years ago and was sentenced to 3 years and 6 months in prison. (File photo)
A girl in Changhua, who is in her 20s, was forcibly molested by her second uncle when she was 5 or 6 years old. She suffered from emotional instability and severe heart palpitations during college. She began receiving psychological counseling four years ago and was diagnosed with post-traumatic stress disorder by the hospital. She believed that her mental illness was related to being molested when she was young, so she complained to her second uncle. The case was heard by the Changhua District Court. The judge believed that although the incident happened a long time ago, the relevant witnesses' accounts could still prove that the victim had been forcibly molested. He sentenced the second uncle to 3 years and 6 months in prison.
The verdict pointed out that in 2004, when Girl A was about 5 or 6 years old, she was taken to her grandmother's home. One day, her second uncle took her to her uncle's spare room on the bed and asked her to lie next to him. After both parties took off their pants and underwear, the second uncle forcibly held her down and The genitals rubbed against her vagina. Girl A felt no pain at the time, only discomfort, and wanted to leave. She still clearly remembers "the feeling of her second uncle exhaling and spitting on her cheek." At that time, her second uncle said to her, "UNCLE makes you very comfortable."
Girl A said that she was young at the time and did not know what this behavior was. She did not understand it as sexual assault until she received sex education at the age of 12. After that, she resisted interacting with her second uncle's family for a long time. In high school, she did not even say hello to her second uncle or touch his belongings. During college, he suffered from emotional instability and severe heart palpitations. He began receiving psychological counseling in 2022 and was diagnosed with post-traumatic stress disorder by the hospital.
The second uncle denied the accusations made by Girl A and argued that he only molested her when she was about 3 years old. The defendant's lawyer questioned that the victim's statement was an afterthought and lacked objective reinforcing evidence.
However, the judge believed that Girl A’s previous testimonies were consistent and the circumstances were specific, and did not violate the rule of thumb. Supplementary evidence such as her father’s testimony (girl A cried while recounting the story and refused to go back to her grandmother’s house when she was in high school), a diagnosis of post-traumatic stress disorder, the same clothes as the victim in past photos, and kindergarten height records showing rapid growth were sufficient to strengthen the authenticity of her accusation.
The judge said that the case occurred more than 20 years ago, but after considering the relevant amendments to the criminal law's statute of limitations and the principle of leniency, it was determined that the statute of limitations for the right of prosecution in this case has not yet expired and the case can be prosecuted according to law. As the second uncle, the defendant was supposed to take care of the younger generation, but in order to satisfy his selfish desires, he violated his niece's female autonomy, which seriously affected her physical and mental development. After the crime, he denied the crime and failed to actively make amends or obtain forgiveness. He was sentenced to 3 years and 6 months in prison.
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