On the evening of October 23rd, 65438+/kloc-0, Yin Yin and her roommate were walking along the street normally, but a man walked straight towards them. The other man is wobbly and may be drunk.
The two tried to escape, but the other party reached out and grabbed the roommate's chest when passing by.
In the face of each other's hands, Yin Yin didn't swallow his voice. She grabbed the man and asked him to make a statement. But the man began to play hooligans and said that he had done nothing.
After the girl pointed out his shameless behavior, the man said that he had apologized. Isn't that enough? There is no attitude of admitting mistakes.
Yin Yin immediately took pictures of each other's faces with his mobile phone and put them in a circle of friends. I didn't expect a friend to know him. Judging from the other party's WeChat, the man is married and has children.
After determining the identity of the other party, the girl chose to call the police, and the police gave administrative detention according to law 15.
Yin Yin said that his roommate had just grown up and had been unwilling to communicate with others since the incident, which obviously hurt him a lot. Even so, the molester only lost his freedom for half a month.
On the evening of October 8th, 65438/KLOC-0, the figure of harasser also appeared in Hangzhou West Lake Cultural Square.
After dinner, Ms. Chen came to the West Lake Backcourt Square to dance square dance as usual. Unexpectedly, when dancing, one hand touched Ms. Chen's back, from back to thigh, and twisted her ass by the way.
She hurriedly called for help, but the other party quickly fled the scene. Ms. Chen then turned to the square security guard for help. Security personnel quickly found the suspect Li. When the security guard found out, Li was about to start a fight with another woman.
The security guard immediately subdued Li, and in the process, the threat also injured a security guard's nose.
The police sentenced Li to administrative detention for 20 days and fined 200 yuan for publicly threatening and beating others.
Two molesters, one detained 15 days and the other detained for 20 days. Is this punishment too light?
According to Article 44 of the Law on Public Security Administration Punishment, whoever molests others, if the circumstances are bad, shall be detained for more than five days and less than ten days; if the circumstances are serious, he shall be detained for more than ten days and less than fifteen days.
From a legal point of view, the police's punishment is obviously legal. But is this punishment reasonable?
Obviously, Ms. Lin of Hangzhou has a different view. On June 2, 20 19, Ms. Lin was hugged tightly when she passed by the door of a hotel, and was repeatedly groped.
Ms. Lin called the police immediately after breaking free, but the police thought that the other party's indecent behavior lasted for a short time and had a good attitude of admitting mistakes. "The circumstances were extremely minor", so no punishment was given. Ms. Lin refused to accept such punishment and took the public security organ to court, demanding that the police change the administrative detention for at least 10 days.
Faced with such a slight punishment, there must be many molesters like Ms. Lin who think that the law has not given fair punishment.
And can such a slight punishment achieve sufficient deterrent effect?
From May to June, 2020, 67-year-old Zheng Moufen frequently molested passengers and crew members on the subway, and committed seven crimes in two months. Due to the bad circumstances, the police sentenced Zheng to 6 months in prison for compulsory indecency, and before that, Zheng was administratively detained for 10 day.
At least in this case, administrative detention did not curb Zheng's lust in his heart, but minor punishment encouraged Zheng's arrogance. It's just that he lacks legal knowledge and doesn't know that there is a crime of compulsory indecency in law.
However, in real life, most sexual harassment cases fail to meet the standard of compulsory indecency, and detention for more than ten days is the upper limit.
How do other countries deal with sexual harassment?
American law has been expanding the scope of sexual harassment. Sexual harassment is not limited to physical aggression, and inappropriate language may also be identified as sexual harassment.
Once identified as sexual harassment, the harasser may incur huge fines. Chinese-American tycoon Wei once paid $5.65 million for sexual harassment.
In American folks, the me too movement is in full swing, and more and more harassed women dare to stand up and identify the perpetrators of that year, so many celebrities are caught in the whirlpool of public opinion.
According to Japanese law, the first offender of sexual harassment should be sentenced to three years' imprisonment or pay a fine of 30,000 yuan. If the circumstances are particularly serious, the maximum sentence can be 10 years.
In Singapore, harassing women may not only lead to long-term imprisonment and tens of thousands of dollars in fines, but also be punished by flogging.
The legal systems of these countries are not better than ours, just because they have developed for a longer time and have more experience in dealing with sexual harassment. Maybe we can learn the essence from other countries' laws and better protect women's rights and interests.