
基隆一名應姓男子去年5月在台北酒吧將第四級毒品歐沙氮平下入被害女子飲品,使其意識模糊後帶回家中意圖性侵,因發現對方塞有衛生棉條而作罷。基隆地院判處應男以藥劑強制性交未遂罪,徒刑6年8月。
AI-generated summary
應男去年5月1日凌晨在台北市某酒吧搭訕女性,搭訕得逞後在女子酒中下藥,讓對方短暫失去意識,將人帶回家中意圖性侵,因發現對方塞有衛生棉條而作罷。被害女子事後前往醫院檢驗,確認遭人下藥,對應男提告。
基隆一名應姓男子去年5月1日凌晨,前往台北市某酒吧搭訕女性。搭訕得逞後,竟在女子酒中下藥,讓對方短暫失去意識。應男將人帶回家中,意圖性侵,卻發現女子塞有衛生棉條而作罷。事後,被害女子前往醫院檢驗,確認遭人下藥,對應男提告。基隆地院近日審結,依觸犯以藥劑強制性交未遂罪,判處應男6年8月徒刑。
被害女子向法官表示,自己的酒量可以喝1/3瓶的威士忌,仍保有意識,但當天只喝了一杯就開始暈眩,只記得被兩個陌生人抬上車,有明確的跟對方表示要回景美愛買的住所,卻遭到應男載到其家中。
回到對方的住所後,應男開始親吻自己,甚至用嘴吸吮乳頭,更把手伸到內褲內撫摸生殖器,但因有塞衛生棉條,所以對方才沒有進一步行為,整個過程均表達拒絕之意。後來找友人幫忙到基隆接自己,隨即到醫院檢驗,驗出第四級毒品歐沙氮平呈現陽性,確認是被人下藥。
應男則辯稱,案發當時確實有聽到被害人稱要到景美愛買,但因為不知道確切地點,便詢問對方是否先返自己住所,經對方同意之後,才將人帶回住處,且無證據證明自己有下藥;且有跟對方表示,先前曾遇過類似狀況,擔心被仙人跳,便要求對方錄音佐證,自己確實沒有強迫她,且事後還收到對方的訊息,明確的指出所做之事,並未違背其意願。
法官調查認為,警方在應男車上搜出安立平錠9粒,當中就含有歐沙氮平成分,且應男宣稱先前曾有類似情形,險遭仙人跳,理應更謹慎處理類似情形。
法官認定,應男為滿足個人性慾,在飲品內加入第四級毒品,趁被害女子藥力發作意識模糊、全身無力之際,帶回處所進行強制性交,雖未得逞,但已經侵犯被害女子的性自主決定權,犯罪手段惡劣,且犯後矢口否認犯行,故依以藥劑強制性交未遂罪,判處6年8月徒刑。
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