Lawyers believe that legally speaking, although men's actions do not constitute criminal responsibility, they may be punished by the public security for violating privacy.
When the female roommate took a shower, the male tenant broke in many times.
On July 14, 2020, Ms. Liang, a netizen from Shenzhen, sent a message to Weibo saying that she was forced to break into the bathroom by her male roommate who was also a free tenant. Ms. Liang said that at about 8: 45 pm on July 13, 2020, she entered the bathroom and began to take a shower, and confirmed that the door had been locked. When she heard someone twist bathroom door, she shouted "Someone is in the bathroom". But the male roommate still opened the door vigorously, poked his head out and asked "why not lock it", and then the whole person went into the bathroom.
Ms. Liang said that at this time she chose to kneel down and let her male roommate go out, but he stayed for 2 minutes before going out. "At that time, I was afraid of being broken. When my emotions got out of control, I started screaming at the top of my lungs. " However, less than 8: 55, the male roommate broke into the house again, claiming that "I want to hang up my clothes".
Ms. Liang said that the male roommate refused to go out on the grounds that he wanted to hang up his clothes and that she had just spoken in an unfriendly tone. She also claimed that "I saw it anyway" and stayed for at least 5 minutes, less than half a meter away. "He tried to touch me with his hand. I shouted that I called the police and he gave up."
Ms. Liang quickly packed up and put on her clothes, and the male roommate knocked at the door again. Because the washing machine has been used to resist the door, the man failed to enter the door. At about 9 pm, the man knocked on Ms. Liang's room door and said that she wanted to talk. Ms. Liang said that she chose to call the police at 9: 52 pm in extreme fear and without feedback from the housekeeper.
Ms. Liang believes that the man may continue to rent a house on rental software such as Freestyle and Eggshell in the future. Because the man's attitude in the police station is extremely bad and he has no intention of repentance, this situation may continue to happen to other girls, so he must stand up.
Free: The man has been blacklisted and tried to help the female tenant find a safer place.
On July/KOOC-0/4 and June/KOOC-0/5, Weibo, the official "Free Customer Service" and "Self-help Customer Service", responded one after another, saying that on the night of the incident, the free housekeeper rushed to the scene to understand the situation and provide assistance, and started the procedure of evicting the male tenant at the first time, which was approved and implemented on the afternoon of June/KOOC-0/4. The follow-up is still being actively promoted with the support and assistance of Miss Liang; For the male tenant, he said that he did not violate the law, refused to accept the eviction, and also reported to the police. He will cooperate with the police to investigate and solve this incident and earnestly safeguard the legitimate rights and interests of Miss Liang.
The relevant person in charge said: "We are very sorry for the situation encountered by the tenants. We have arranged a special person to follow up at the first time and try our best to calm the tenant's mood. At the same time, users suspected of violating laws and regulations will be retired and blacklisted, and rental services will never be provided to them. "
The person in charge explained that the "blacklist" is the tenant credit file launched on 20 15. When renting a house freely, the tenant will obtain the identity of the guest, and freely evaluate the credit record of the guest in the whole rental life from four dimensions: identity information, performance history, rental behavior and external credit, and convert it into "free score", which is only greater than or equal to 70 points, no. After violations such as "harassment" and possible violations occurred in news events, the relevant roommates have entered the blacklist.
It is understood that the male tenant involved refused to continue to provide services for him because he was free to return him, and he has arranged for a lawyer to contact him freely. In this regard, the relevant person in charge said: "We will actively respond to this and resolutely safeguard customer rights."
The person in charge also said that he fully supports the police investigation and will seriously deal with relevant violations. "We are also asking for the opinions of the tenants, whether to change the residence. If conditions permit, do your best to find a safer, more secure and more comfortable new home for the tenant, and all related expenses will be borne. "
Lawyer: A man does not constitute criminal responsibility, but he infringes on privacy or is punished by public security.
Shenzhen Nanshan Public Security Bureau has not responded to the intrusion of male roommates while female tenants are taking a shower.
However, Kong Jiao, a lawyer of Shandong Chenggong Law Firm, said that citizens' personal privacy is protected by law, and infringing on others' private lives is both a violation of social morality and an illegal act.
When the female tenant is taking a bath, the man intrudes into the private space of others without authorization, which seriously infringes on the privacy of others and causes serious psychological harm to others. According to Article 42 of China's Law on Public Security Administration Punishment, anyone who peeks, takes candid photos, eavesdrops or spreads others' privacy shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
Confucianism believes that acts that infringe on the privacy of others are generally tort. If it has not caused certain consequences, the infringer shall be liable for compensation, including compensation for mental damage, which does not constitute criminal responsibility. Therefore, female tenants can claim compensation for mental damage from male roommates and ask them to apologize.