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)
Law school male student caught secretly photographing up a female student's skirt: "I need to take the postgraduate entrance exam, please try to understand."
A few days ago, at the library of Southwest Minzu University, a female student was sleeping with her head down on a desk when a male student at the opposite table brazenly used a flash to take upskirt photos of her. This despicable act was caught and exposed on the spot by other students. Luo has now been placed under 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 wants to take the postgraduate entrance exam. I'm afraid it will delay his future, so I hope the girl who was secretly photographed under her skirt can understand."
A staff member from the publicity department of the university involved told reporters that the campus security office cannot represent the university's official position, and the source of the aforementioned remarks is unknown and their authenticity cannot be verified. However, the university will handle the matter in accordance with the facts and regulations. "No such voice has emerged at the university level. We will not handle this hastily and will certainly give the student concerned a proper and reasonable resolution."
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 liability
According to Article 42 of China's Public Security Administration Punishments Law,Peeping, secretly photographing, eavesdropping on, or disseminating others’ private information constitutes an infringement of personal rights and shall be subject to detention of not more than five days or a fine of not more than 500 yuan; if the circumstances are relatively serious, the offender shall be subject to detention of not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
2. Civil liability
Articles 2 and 15 of the Tort Liability Law stipulate thatInfringement of privacy rights and other civil rights and interests shall result in tort liability. The primary forms of liability include cessation of the infringement, removal of obstacles, compensation for losses, apology, elimination of adverse 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 someone like this gets into graduate school, it would be a disaster. Thugs are not scary; what is scary is a thug with education—especially a thug who studies law. I strongly urge universities to rigorously assess personal character and psychological health during graduate admissions. If someone like this somehow becomes a public security, procuratorial, or judicial worker, they would likely be even more terrifying than the officer below.
Auxiliary police officer who filmed a "car sex" video, leading to a woman's suicide, sentenced to 8 months!
A video of the Guantao County Special Patrol Police Brigade questioning a couple during a "car sex" incident circulated online and on WeChat. After the female party, Han, discovered the video, she went to the Guantao County Special Patrol Police Brigade on the morning of August 30 of that year and drank highly toxic pesticide. She died after emergency treatment proved unsuccessful.
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,While engaging in “car sex” in public should indeed be condemned and even penalized, the act of secretly filming and disseminating photos or videos of others engaging in “car sex”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.
Spreading photos or videos of others engaging in "car sex," if the circumstances are serious, may also constitute a criminal offense.
Article 364 of the Criminal Law stipulates:"Whoever disseminates obscene materials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or control; whoever disseminates obscene materials to minors under the age of eighteen 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", "using the Internet or mobile communication terminals to disseminate obscene electronic information not for the purpose of profit," if it reaches a certain quantity, shall also be subject to criminal liability for the crime of disseminating obscene materials.
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!
