First-instance verdict in Alibaba molestation case; filing an appeal is not "unrepentant"
Compiled from: Phoenix Finance, Red Star News
Case review
On June 22, 2022, the Huaiyin District People's Court of Jinan City publicly pronounced the first-instance verdict in the case of defendant Zhang Guoqiang for forced molestation, sentencing defendant Zhang Guo to one year and six months in prison for the crime of forced molestation.
The court, after trial, found that on the evening of July 27, 2021, Zhang Guo first met the victim Zhou during a banquet. Taking advantage of Zhou's intoxication, he committed indecent acts against Zhou near the restaurant front desk and inside the private room. Around 7 a.m. the next day, Zhang Guo went to the hotel room where Zhou was staying and again committed indecent acts against Zhou.
The court holds that the defendant Zhang Guo, acting against the woman's will, took advantage of the victim being drunk to molest her, and his actions constitute the crime of forcible molestation. The prosecution's accusation that Zhang Guo committed the crime of forcible molestation is clear in fact, with evidence that is true and sufficient, and the charge is established. Zhang Guo has shown no expression of guilt or remorse and should be punished according to law. Accordingly, the court has made the aforementioned judgment.
"Criminal Law of the People's Republic of China"
Article 237 [Crime of Forcible Indecency]
The crime of forced indecency, insult, or indecency toward children refers to forcing someone into indecency or insulting a woman through violence, coercion, or other methods, punishable by imprisonment of up to five years or detention.
Those who gather a crowd or commit the crime mentioned in the preceding paragraph in public, or have other severe circumstances, shall be sentenced to fixed-term imprisonment of more than five years.
Those who molest children shall be sentenced to fixed-term imprisonment of not more than five years; if any of the following circumstances exist, they shall be sentenced to fixed-term imprisonment of more than five years:
(1) Molesting multiple or multiple children is performed;
(2) Gathering to molest children, or molesting children in public places, with particularly serious circumstances;
(3) Causes harm to children or other serious consequences;
(4) When the means of molestation are vile or there are other vicious circumstances.
[1] The author's perspective
The reason this case has drawn such great attention is not only because of Alibaba's background, but also because workplace sexual harassment has always been deeply detested by people.
At present, the first trial of this case has come to a conclusion, and Zhang Guo filed an appeal in court. The circumstances of the case are bizarre and complex. Another key figure, Wang Mouwen, was only given a fifteen-day administrative detention by the Jinan Public Security Bureau, whereas Zhang Guo was legally sentenced to one year and six months in prison for forcible molestation. The reason for such a large discrepancy is precisely the result of our country's public security, prosecution, and judicial authorities strictly handling cases in accordance with the overall principle of governing the country by law. Only by relying on the law and basing decisions on facts can the legitimate rights and interests of the parties be effectively protected and social fairness and justice maintained.
