Male law school student caught secretly filming under women's skirts; auxiliary police officer filmed "car sex" video leading to woman's suicide

(This article is partly sourced from The Paper and Shaanxi Legal Network)

　　A male law school student was caught secretly photographing a female student's skirt. "I'm preparing for graduate school, hope you can understand."

A few days ago, at Southwest Minzu University, a female student was sleeping on a desk in the library when a male student at the opposite table used flash to secretly photograph her skirt. This despicable act was exposed by other classmates on the spot. Currently, Luo Moumou has been sentenced to five days of administrative detention by Chengdu police.

It is reported that Luo Moumou is a law student and was this year's outstanding league member at the university.

Some netizens said that after the incident, the school's security department did not punish the male student and explained to the female student involved that"The male student comes from a poor family and is preparing for graduate school. They are afraid of affecting his future and hope the female student who was photographed can understand."

A staff member from the publicity department of the involved university told reporters that the school's security office cannot represent the school's handling opinion, and the source of the above viewpoint is unknown and cannot be verified for authenticity, but the school will handle the matter based on facts and regulations. "There is absolutely no such voice at the school level, and it will not be handled hastily. A correct and reasonable explanation will definitely be given to the student involved."

　　A lawyer from Guangdong Zhiming Law Firm stated, the voyeur may infringe on citizens'rights to privacy, portrait rights, and reputation rights, and must bear corresponding legal responsibilities:

　　1. Administrative responsibility

According to Article 42 of China's Public Security Administration Punishments Law,Peeping, voyeurism, wiretapping, and spreading others' privacy are acts that violate personal rights, punishable by detention of up to five days or a fine of up to 500 yuan; for serious cases, detention of five to ten days may be imposed, along with a possible fine of up to 500 yuan.

　　2. Civil Liability

Articles 2 and 15 of the Tort Liability Law stipulate thatinfringement of civil rights such as privacy shall bear tort liability; the methods of liability mainly include cessation of infringement, removal of obstacles, compensation for losses, apology, elimination of effects, and restoration of reputation.

　　3. Criminal Liability

The Criminal Law stipulates thatWhoever publicly insults another person by violence or other methods, or fabricates facts to defame another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights.

　　The crime mentioned in the preceding paragraph shall be handled only upon complaint, except where it seriously endangers social order or national interests.

If such a person gets into graduate school, it would be disastrous. Hooligans are not scary; what's scary is when hooligans are educated, especially those studying law. It is strongly recommended that universities strictly assess personal morality and mental health during graduate admissions. If such a person becomes a public security, procuratorial, or judicial worker, they might be even more terrifying than the officer below.

　　Auxiliary police officer filmed a "car sex" video, leading to a woman's suicide, sentenced to 8 months.

A video of the Guantao County Patrol Special Police Brigade checking "car sex" was circulated online and on WeChat. The female party, Han, discovered it and went to the Guantao County Patrol Special Police Brigade on the morning of August 30 of the same year, where she drank highly toxic pesticide and died despite rescue efforts.

Subsequently, the Guantao County Court issued a notice confirming that Han's suicide was related to the leak of the video. The person responsible for leaking the video, auxiliary police officer Wang, was detained.

The Guantao County People's Court of Hebei Province sentenced: First, the defendant Wang was convicted of abuse of power and sentenced to eight months in prison. Second, the defendant Yang (head of the eastern compound of the Guantao County Patrol Special Police Brigade) was convicted of abuse of power, voluntarily pleaded guilty during the trial, and due to minor circumstances of the crime, was exempted from criminal punishment.

　　A lawyer from Guangdong Zhiming Law Firm stated,Engaging in "car sex" in public places should indeed be condemned or even punished, but secretly filming and distributing others' "car sex" photos or videos is an act that...Infringed upon others' right to privacy, reputation, etc.。

According to the provisions of the Public Security Administration Punishments Law,Peeping, secretly photographing, eavesdropping, or disseminating others' privacy may result in detention of up to ten days, fines, etc.

　　Disseminating photos or videos of others' "car sex," if the circumstances are serious, may also constitute a criminal offense.

Article 364 of the Criminal Law stipulates:"Whoever disseminates obscene materials under serious circumstances shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or public surveillance; whoever disseminates obscene materials to minors under the age of 18 shall be given a heavier punishment."

According to Article 3 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information via the Internet, Mobile Communication Terminals, and Voice Message Stations", "disseminating obscene electronic information via the Internet or mobile communication terminals without the purpose of profit-making" shall, if reaching a certain quantity, also be investigated for criminal liability under the crime of disseminating obscene articles.

The behavior of the auxiliary police officer in filming and leaking the video reflects the weak legal awareness of grassroots police in Guantao County Court. If even some public security organs are like this, China's rule of law construction still has a long way to go!