The stills of the movie Su Yuan mainly tell the story of how an underage girl got out of her inner shadow and how her family faced life after being sexually assaulted. The picture comes from the internet.
Tang Le loved to laugh when he was a child, and his mouth was raised from time to time, and his smile overflowed from his eyes.
Like many girls aged 13, she loves beauty and has her favorite stars. When she talked about TFBOYS, her eyes were full of light, and she couldn't move when she saw the trinkets in the boutique shop. She tried again and again. The populous "that thing" doesn't seem to have left much shadow in her heart.
On April 4, 8 months ago, she left home after a dispute with her father, and was sexually assaulted by strange men many times within 48 hours. She has a slight mental disorder and can't understand what that strange grandfather with glasses is doing in bed. Her parents are vendors who come to Chengdu to beg for a living, desperate and helpless.
Fortunately, they met some enthusiastic people.
Lawyer Wan is willing to accept cases for free and always pay attention to protecting children from secondary injuries; The chenghua district court in Chengdu awarded psychological rehabilitation fee in the judgment, which is unprecedented in the case; The police and forensic doctors have given them all the help they can.
Tang Le has returned to school now, and his life is calm and happy. Some lawyers commented: "From this girl sexual assault case, we can not only see the progress of the legal system, but also see the warmth of human nature."
Missing for 48 hours
According to the story of Tang Le's family and the contents of the verdict, the reporter roughly restored the scene eight months ago.
On April 4, it was already dark. Tang Yuanming, who set up a stall outside, went home temporarily to get something. He caught his daughter playing with her mobile phone and didn't have dinner. Yuan Tang Ming was angry and had an argument with her daughter, and her mobile phone fell to the ground.
After her father left, the adolescent girl became more and more angry. She put on her best coat, dragged a suitcase with pink spots on a white background, and left home from the back door of the community. When she left, she did not forget to bring a brown teddy bear toy.
Afterwards, Tang Le's parents felt guilty for mentioning this scene. Tang Le's mother said: "Lele is a bad baby, and she has been troubled since she was a child." . At the age of 5 months, he was diagnosed as left duplicate kidney (3 kidneys) complicated with ureteral malformation. When he was two and a half years old, he was infected with Japanese encephalitis and failed to get timely treatment, leaving behind sequelae of epilepsy, which led to mental retardation and IQ of 66.
It is precisely because of her daughter's illness that her parents feel guilty and treat her exceptionally well, always encouraging and rarely criticizing.
For Tang Le, the first time she ran away from home, she didn't know where to go and wandered aimlessly in the streets of Chengdu. Her parents are setting up a stall near their home. They usually work until three in the morning.
At about eleven o'clock in the evening, an "old man with black glasses" rode by on an electric car and accosted Tang Le. After learning that Tang Le had run away from home, he invited him: "Why don't you go to my house and rest for one night?" .
The girl with mild mental retardation agreed without much thought.
In the evening, the 63-year-old man slept with Tang Le on the grounds that there was only one bedspread at home, and sexually assaulted her twice.
Tang Le was too scared to sleep all night. According to the police record, she doesn't know what these actions mean. "I don't want to, but I'm afraid. I am afraid that he will hit me, and I will promise whatever he asks me to do. "
On the morning of April 5th, the man took Tang Le to a commercial square and let him play by himself. In the evening, I took her back to her residence, during which I sexually assaulted Tang Le twice. On the morning of 6th, the man took Tang Le to the commercial plaza again, and prepared to take her back to her residence in the evening.
On the evening of April 6th, 18, Tang Le was finally found by his anxious family.
Before going to bed, the mother worried about her daughter and specially checked Tang Le's underwear. She felt something was wrong.
She slept in her daughter's bed, took her hand and said, "Tang Le, you must tell your mother something, or it will affect the rest of your life." Tang spoke slowly, saying that he met an old man riding a battery car and slept with them. "Grandpa did a strange thing to me."
According to Tang Le's description, the old man also told her, "I will go to your father's stall to take care of your business in the future. If we meet outside in the future, just pretend you don't know me, okay? " .
Stills of the movie Su Yuan. This film is based on a real case in Korea.
The suspect confessed several times.
That evening, Tang Yuanming and his wife took Tang Le to the police station.
Just out of the back door of the community, Tang Le recognized a person on the road, "That's grandpa riding a battery car".
That is indeed the suspect Baishi. He is from Chengdu and worked as a math teacher. He looks elegant and writes beautifully in print. He has been divorced for many years. Stopped by Tang Yuanming, he denied that he didn't know the girl at all.
At the police station, Baishi confessed.
At first, he insisted, "I don't know this girl."
When Tang Le's suitcase was found in his home, he changed his statement: "I just met the little girl and took her home for two days. The little girl sleeps on the bed in the bedroom and I sleep on the sofa. I don't know her name. "
After the appraisal results came out, Baishi couldn't deny the fact of having sex with Tang Le, so he said, "I don't think she looks like a minor and wants to have sex with me." . ?
According to relevant legal data, Article 236 of the Criminal Law clearly stipulates: "Whoever rapes a young girl under the age of 14 shall be punished as rape and given a heavier punishment". However, in practice, it is usually implemented with reference to the Opinions on Punishing Crimes against Minors according to Law. Among them, there is a principle of "knowing", that is, the actor "knows" that the other party is a young girl and still commits sexual assault, so it will be severely punished.
The above opinions show that as long as you have sex with a young girl under the age of 12, it is presumed to be "knowing", while having sex with a young girl under the age of 12- 14 is not necessarily presumed to be "knowing", and should be inferred in combination with her physical development, clothing and other conditions.
Tang Le is 13 years old this year, and his height is over 1.6 meters, which is difficult to define.
Her family recorded many times that Tang Le knew little about sexual knowledge. Although she is 13 years old, she knows nothing. She plays with seven or eight-year-old children all day. There is no TV at home, so she just plays with leaves and sand. "It is impossible to do such a thing."
But the suspect has been trying to deny it. To make matters worse, a month later, in early May, Tang Le was found pregnant.
Tang Le doesn't know anything. In her mind, if you have a doll, you will get married. She was worried, "how can I marry him when he is so old?" My doll should have his surname, I don't want to. "
After learning that Tang Le was pregnant, the suspect still insisted that he didn't know Tang Le's age, and thought that Tang Le had sex with himself on his own initiative in an attempt to reduce his sentence.
In this tug-of-war about the truth, the relationship between Tang Le's parents began to crack.
They deeply blame themselves, but they blame each other. The husband blamed his wife for not teaching his daughter about sex. "How did you become a mother? Why didn't you teach her not to walk around with strange men? " The wife complains about her husband. "Would she have left home if you hadn't quarreled with her?"
They don't have a high education level, they don't have much dependence in this city, and they have too many emotions to vent, so they can only tear each other apart and hide at home and cry.
Stills of the movie Su Yuan.
Judgment of "breaking the ice"
Wan, a female lawyer in Chengdu, accepted the case for free.
As a woman, Wan is very concerned about cases such as domestic violence and child sexual abuse. She knew that the baby in Tang Le's belly would never be born. She told Tang Yuanming and his wife that abortion can also be paternity tested. If the baby is born, it will delay Tang Le's life.
After reaching the knowledge of * * *, Tang Le miscarried, and the paternity test opinion showed that the defendant Baishi was the biological father of the embryo tissue in the victim's womb.
Later, the Tang Le family filed a criminal incidental civil action.
It is not easy to claim compensation for the loss when a girl is sexually assaulted. In public cases, most of the compensation for girls' sexual assault is "filling"-the victim goes to the hospital for treatment after being injured and pays as much as he pays. Without evidence such as treatment invoices, there will be no compensation.
In fact, in many cases of sexual assault on girls, the psychological damage suffered by the victims is as great as the physical damage, which can be recovered through drug treatment, and the mental shadow will accompany them for life. Many children think they are "stained" and even afraid of contact with the opposite sex.
Wan hopes to get some psychological rehabilitation expenses after the case is pronounced.
This kind of mental rehabilitation fee has a legal basis. In the Opinions on Punishing Sexual Abuse of Minors issued on 20 13, the mental rehabilitation expenses of sexual abuse of minors were included in the scope of compensation for the first time. However, there was no precedent for judgment in the whole country before.
With the help of Chengdu Women's Federation, Wan asked a professional psychologist for psychological consultation four times before the trial. As a result, Tang Le's psychotherapy became the cost of "what has happened and will continue to happen in the future" and was proved by the bill.
165438+1October 2, the case was pronounced. The court held that the victim in this case was under 14 years old and suffered from brain organic mental disorder. Their mental maturity and intellectual development level can't identify and understand the meaning of sexual behavior at all, and they can't correctly express their sexual wishes, although the appearance characteristics of the victim may make the defendant unable to know that the victim is under 14 years old.
The defendant Baishi raped the victim many times, which led to her pregnancy and abortion. If the circumstances are bad, a heavier punishment should be given according to law. On this basis, Baishi was sentenced to fixed-term imprisonment of 1 1 year, and the victim was compensated 1 1520.23 yuan, of which 3,000 yuan was the follow-up psychological rehabilitation expenses.
This 3,000 yuan psychological rehabilitation fee is hard-won, and some media commented that it "has ice-breaking significance". Some scholars believe that the psychological rehabilitation cost is an elastic scheme, but it already belongs to the category of mental damage compensation in essence. This will be a typical precedent for other similar cases.
In Su Yuan, after being sexually assaulted, girls hide in sheets and don't want to see anyone.
Reduce the secondary harm to sexually abused children.
In addition to seeking legal justice, Wan also "hopes that Lele can live on her own efforts and share joys and sorrows with children of the same age".
Due to the sequela of epilepsy, Tang Le dropped out of school from the fourth grade. Wan contacted Chengdu Women's Federation and chenghua district People's Procuratorate, hoping to help solve the problem of completing compulsory education.
Fortunately, before the case was pronounced, Tang Le began to return to school on September 1 day.
Now life in Tang Le is calm and happy. Some time ago, the school organized parents and children to visit the aquarium. The first time I saw mermaids, dolphins and clown fish, I took many small videos and sent them to Aunt Wan. Aunt Wan could feel her happiness through the screen.
This is what Wan wants to see most. "I hope his family is safe." For children who have been sexually assaulted, a quiet life and a harmonious family environment are the best gifts for children to heal.
She knows very well that "in this case, everything is giving the green light to Lele, and she is a special case", but she hopes that "Lele is no longer a special case".
As a lawyer who has long been concerned about domestic violence and child sexual abuse, Wan has always hoped that all sectors of society can reach an understanding to minimize the secondary harm to the infringed children.
When I first met him, Wan wore a white shirt and a skirt with suspenders. In the best office of the law firm, the air conditioning temperature is set at 26 degrees Celsius, and she closes the door and chats with Tang Le.
In order to make the children feel safe, Tang Le got a special gift, a grinning doll and a bear doll with the words "Love you every day". These two dolls are half a person's height, and the children hold them just right.
A gift from Wan.
In the first sentence of the conversation, Wan said, "You look so gentle", but he didn't understand what sven meant. The kind-hearted aunt Wan opened her mobile phone and searched a bunch of photos of "gentle girls", so she watched them together.
In the chat, Aunt Wan became friends with her, and they hooked up. "In addition to mom and dad, police uncles and aunts, prosecutors uncles and aunts, psychology teachers and aunts, no one can say anything about grandpa. Anyone who says anything is a puppy. "
Wan Hui reminds everyone around her to minimize the secondary harm to her, including her parents. No one will mention Lele's "that thing" again. The topic we talked about was "Did Lele play badminton at school today?" "Did the teacher praise you?" "Today, the teacher sent a text message saying that Lele will start wearing a bra."
When dealing with the police, she will tell them not to wear police uniforms and drive police cars when they go to Tangle, and ask Tang Le to make a statement so that female police officers can ask them as much as possible.
"Lele is still young, and the other party did not use violence during the sexual assault. If she doesn't feel badly hurt, to some extent, it's nothing. If at this time, parents and outsiders exert verbal violence on their children, these will really ruin the children and you will kill her. "
Having taken over many cases of sexual assault on girls, we can feel that our country is doing better and better in protecting children from secondary injuries.
She remembers two little things.
On one occasion, she went to the hospital for examination. She registered a sexually abused child as a gynecologist. A middle-aged man saw pointing fingers, so he hung a little doll as a gynecologist. A policeman heard this, walked over and patted the middle-aged man on the shoulder and said, watch your mouth, this is my baby.
Another time, when she came back from a business trip, she saw a child who was sexually assaulted. At that time, the child was being appraised by the forensic doctor. When she walked into the police station, the picture she saw was that the forensic uncle was carrying his hand and hiding a bag of snacks behind him. When the child saw the forensic doctor's uncle, he rushed to wipe it for him, asked if this biscuit was for me, and asked me if the painting I drew last time was good or not, and whether I wanted to draw it again.
Afterwards, she learned that the child's "painting" is actually a psychological evaluation. The child answered the question by drawing pictures. "It's really good to keep children from noticing."
She once talked with Tang Le about what kind of life she wanted to live when she grew up.
"I want to have my own job and earn money to repay my parents. I want to hire two coolies for my father so that he won't work so hard. I want to buy a small house and many beautiful clothes for my mother. I hope I can open a flower shop and have a boyfriend in Shuai Shuai who is as handsome as Roy of TFBOYS. ".
Wan touched his head. "These Lele will grow up, because Lele is such a beautiful and gentle child." .