Former Teacher at Chongqing University of Technology Accused of Sexual Assault but Police Did Not File a Case; Lawyer Explains Rape Case Filing Standards and Rights Protection Paths
Lead
Recently, a woman publicly accused Li, a former teacher at Chongqing University of Technology, of sexual assault, saying that after she reported it to the police, the police declined to open a case. The incident quickly drew public attention, and Chongqing University of Technology has responded. From a legal perspective, the core of this incident lies not merely in the rights and wrongs of an individual case, but in how the standards for opening a case are applied in sexual assault cases, how high the evidentiary threshold is, and what statutory avenues of relief remain available to victims after their reports are blocked. For the public, clarifying the elements of the crime of rape, the conditions for opening a case, and the procuratorial supervision mechanism is more meaningful than simply watching.
Where Exactly Is the Legal Threshold for Filing a Rape Case?
According to Article 236 of the Criminal Law of the People's Republic of China, the crime of rape refers to the act of raping a woman by violence, coercion, or other means. In judicial practice, the so-called “other means” generally include committing sexual acts by taking advantage of a woman’s state of intoxication, deep sleep, illness, or other condition in which she is unaware of or unable to resist. In other words, rape is not limited to cases involving physical blows and kicks; having sexual relations when a person is unable to express their true will may also constitute a crime.
However, criminal case filing and conviction are two different stages. Under Article 112 of the Criminal Procedure Law, if a public security organ believes that there are facts of a crime and criminal liability should be pursued, it shall file the case; if it believes that there are no facts of a crime, or that the facts of the crime are obviously minor and criminal liability need not be pursued, it shall not file the case. Rape cases often occur in private spaces, with few direct eyewitnesses, physical evidence that is easily lost or destroyed, and testimonial evidence that often presents a “one-on-one” situation, which makes it difficult to apply the standard during case-filing review.
In legal practice, many sexual assault reports get stuck at the preliminary determination of whether there are facts of a crime. If the public security organ does not file a case, it issues a Notice of Decision Not to File a Case. This document is crucial; it is the prerequisite for subsequent applications for reconsideration and review and for procuratorial supervision. After receiving it, the victim should not discard it casually but should keep it safe and record the date of receipt, because there is a statutory time limit for applying for reconsideration.
If a police report is not filed as a case, what else can the victim do?
Many people assume that if the police do not open a case after a report, they have no recourse; in fact, the law provides for multiple layers of remedial channels.
First, apply for reconsideration and review. According to the Provisions on Procedures for Handling Criminal Cases by Public Security Organs, if a complainant is dissatisfied with a decision not to file a case, he or she may, within seven days after receiving the Notice of Decision Not to File a Case, apply to the public security organ that made the decision for reconsideration; if dissatisfied with the reconsideration decision, he or she may, within seven days after receiving the reconsideration decision, apply to the public security organ at the next higher level for review.
Second, apply to the People's Procuratorate for supervision over case filing. Article 113 of the Criminal Procedure Law provides that if the People's Procuratorate considers that a public security organ should have placed a case on file for investigation but did not do so, or if a victim, believing that a public security organ should have placed a case on file for investigation but did not do so, applies to the People's Procuratorate, the People's Procuratorate shall require the public security organ to explain the reasons for not placing the case on file. If the Procuratorate considers that the reasons for not placing the case on file are untenable, it shall notify the public security organ to place the case on file, and the public security organ shall place the case on file upon receiving the notification.
Third, directly file a private prosecution with the court. For minor criminal cases supported by evidence or cases that public security organs or procuratorates decline to pursue, the victim may, in accordance with law, file a private prosecution with the court. However, rape is a serious crime, and private prosecution is relatively difficult, so the usual focus remains on pushing for the case to be formally filed.
These procedures may appear cumbersome, but each step has clear time limits and documentation requirements. At this stage, a lawyer’s value lies in helping the victim sort out the timeline, organize evidentiary materials, draft legal documents, and precisely identify, in a reconsideration or supervision application, the facts and legal basis showing that the case should be filed.
Why is it better to secure evidence as early as possible in sexual assault cases?
Evidence in sexual assault cases is highly time-sensitive. Reporting to the police, seeking medical attention, and having biological samples collected immediately after the incident often directly affect the direction of the case.
From the perspective of evidence types, these mainly include: first, physical evidence, such as hair, seminal stains, clothing fibers, bedsheets, etc. left at the scene; second, biological samples, such as swabs from the victim’s body, blood, saliva, etc.; third, documentary evidence and electronic data, such as WeChat chat records, text messages, call records, surveillance video, and hotel check-in records; fourth, witness testimony, such as from friends and colleagues who had contact with the victim before or after the incident; fifth, the victim’s statement, which is a very important type of direct evidence in sexual assault cases, but it needs to be corroborated by other evidence.
In practice, many cases fail to meet the standards for filing a case or prosecution because of delayed reporting, bathing and changing clothes, cleaning the scene, and other reasons, resulting in the loss of key physical evidence. Lawyers advise that if one unfortunately suffers sexual assault, one should try to preserve the scene as it was, avoid washing the body and clothing, go as soon as possible to a qualified hospital for injury examination and sample collection, and preserve all communication records with the suspect. Even if one did not report to the police promptly at the time, one can still organize the existing evidence afterward and file a complaint with the public security authorities; do not give up just because a long time has passed.
Moreover, the consistency of the victim’s statement is also very important. Repeatedly changing one’s account or having details that contradict one another will weaken its probative value. Before accompanying the victim to report the case or before a statement is taken, a lawyer will usually help the victim organize the facts in chronological order and distinguish firsthand experience from hearsay learned after the event, ensuring that the statement is truthful, complete, and consistent.
What impact does the status of a university teacher have on the handling of a case?
The individual involved is a former university teacher, and this identity has sparked public discussion about power relations. Legally, teacher status itself is not an aggravating circumstance for rape, but if the teacher-student relationship and positional advantage are exploited to create psychological coercion or coercion through interests, this may be recognized as coercion, thereby affecting conviction.
The Ministry of Education and higher education institutions have clear rules on teachers’ professional ethics, prohibiting improper relationships with students. If sexual harassment or sexual assault is substantiated, in addition to criminal liability, the individual may face administrative measures such as revocation of teaching qualifications and dismissal from public employment. For higher education institutions, establishing sexual harassment prevention and response mechanisms, maintaining accessible reporting channels, and protecting the privacy of reporters are important components of compliance management.
For ordinary people, this case is also a reminder: do not remain silent after suffering sexual assault; the law provides multiple avenues, including complaint, reconsideration, and procuratorial supervision. Employers and schools should also improve internal investigation and handling procedures to avoid “internal resolution” concealing illegal and criminal conduct.
What help can lawyers provide?
Safeguarding rights in sexual assault cases involves multiple aspects, including criminal complaints, evidence review and organization, supervision of case filing, and psychological support. Professional lawyers can intervene at the following stages: assisting victims in assessing the facts and evidence of the case; guiding the timely preservation of physical evidence and electronic data; drafting criminal complaints, applications for reconsideration, and applications for supervision of case filing on their behalf; accompanying victims when they report the case and make statements; and serving as agents ad litem during the examination-for-prosecution and trial stages, submitting legal opinions, and safeguarding victims' lawful rights and interests.
Guangdong Zhiming Law Firm has long focused on criminal defense and the protection of victims' rights, and has accumulated extensive practical experience in handling cases involving sexual assault, violent injury, and similar matters. If you or someone close to you encounters a similar predicament, it is advisable to consult a professional lawyer as early as possible to avoid missing the opportunity to protect your rights due to unfamiliarity with procedures or loss of evidence.
