The client lied to make a comeback? Analysis of Six Doubts in the Case of "Ali Female Employees Being Infringed"

Text | AI Finance and Economics Society Chen Chang

Editor | Zhao

On the evening of August 14, Jinan police reported the case of "Ali female employee week being violated". According to the report, Wang Mouwen of Alibaba Group and Zhang of Jinan Hualian Supermarket imposed compulsory indecency on Zhou, and there was no evidence of rape. The case is under further investigation.

Figure/"Jinan Huaiyin Public Security" official Weibo

As soon as the results came out, the public questioned many details, including why it was not attempted rape, and how to define compulsory indecency and attempted rape. There are many discrepancies between the self-report of female employees in Ali and the results of police investigation. Does it mean that the incident will be "overturned"? Is the "lying behavior" of female employees also responsible for Ali's goodwill? And what kind of responsibility does Ali need to bear in this incident? In view of these problems, many lawyers have analyzed them on the internet and the media.

Lawyer Zeng Xinyi of Beijing Gancheng Law Firm said that because the victim did not mention being raped at the beginning of the report, the case is currently characterized as compulsory indecency. According to the available evidence, the police judged that it met the constitutive requirements of indecency.

Lawyer Pang Jiulin of Beijing Chunlin Law Firm further explained that because the police did not identify the suspect as rape in the notification, it was obscene. However, it is not denied that if there is further evidence to prove that the suspect has the will to rape in the future, it may be characterized as attempted rape.

The above-mentioned lawyers said that there is a big difference between compulsory indecency and attempted rape, and there is also a big difference in sentencing. Han Xiao, a lawyer of Beijing Kangda Law Firm, made it clear that the crime of compulsory obscenity is manifested as obscenity committed by means other than sexual intercourse by violence, coercion or other means. Rape refers to the act of forcing a woman to have sex with her by violence, coercion or other means against her will. Attempted rape refers to failure due to reasons other than the will of the offender.

Lawyer Zeng Renyi said that at present, the police only filed a case for compulsory indecency. If the follow-up investigation believes that there has been a relationship or a willingness to have a relationship, this crime can be completely changed. If it is defined as rape, even if the men and women involved have been in proper relationship before, it does not mean that this sexual relationship does not constitute rape. Whether it constitutes rape depends on whether the woman is willing to have sex.

There is a great difference between compulsory indecency and attempted rape in sentencing range. Compulsory indecency is punishable by fixed-term imprisonment of not more than five years, or criminal detention of not less than one month but not more than six months. Those who engage in affray or commit crimes in public places are sentenced to fixed-term imprisonment of over five years. Rape is a term of imprisonment of not less than three years but not more than ten years. If the circumstances are particularly bad, they may be given a heavier punishment or death penalty; Compared with accomplished rape, attempted rape can be given a lighter punishment.

The self-report of Ali female employee Zhou is quite different from the situation after police investigation and evidence collection. For example, the police investigation did not find that Zhou was forced to travel, and no one forced to drink at the banquet. The next morning, Zhou took the initiative to "contact Zhang and tell him the room number". Condoms and lost underwear in the hotel room are all related to Hualian Zhang, which is quite different from Zhou's self-report. Before the police announced it, there was speculation about the relationship between several parties in the incident on the Internet. Does this mean that the case will be greatly reversed?

Many lawyers believe that judging from the verdict of the police, the trend of the case is indeed that Alibaba Wang Mouwen and Hualian Supermarket Zhang forced Zhou. From the essence of things, there is no so-called "great reversal".

Judging from the notification results, the basic criminal facts disclosed to the public by female employees in Ali exist. From the reporter's point of view, even if Zhou misunderstood obscene behavior as rape, it would not affect the public relations agency's characterization of the case.

Zhang Xiaoli, a lawyer of Hainan Shihai Law Firm, also said that as long as there are basic facts, we should not expect too much from the victims. However, she also pointed out that if the "victim's statement" is inconsistent with the objective reality, the judge will consider the "witness's personality" in the future, thus questioning other descriptions of the victim.

According to the lawyer's analysis, Zhou's business trip happened before drinking, which should objectively describe whether he was forced to travel, but it is not consistent with the police investigation results, and there must be doubts for the public.

As for whether to bear the responsibility, Pang Jiulin believes that it depends on whether Zhou's description affects the judicial organs' characterization, conviction and sentencing of the case, but it seems that it has no impact at present, so Zhou will not be investigated legally.

Figure/vision china

From the company's point of view, will Zhou's above-mentioned behavior constitute a crime of rumors and slander against Ali and related people? Lawyer Pang Jiulin believes that Zhou did not fabricate the basic criminal facts, which did not constitute reputation or personal injury to the relevant companies and figures.

"Ali female employees were violated", the biggest anger point that touched the public before was that Zhou reflected the problem to Ali HR and the superior supervisor or was "ignored", or the handling attitude was not timely and not in place.

Lawyer Pang Jiulin believes that Ali's handling will have an impact on his company's reputation, but based on the provisions of China's Criminal Law and the Law on Public Security Administration Punishment, this does not mean that Ali should bear legal responsibility. "Investigating rape and indecent assault cases is a matter for public security organs, not for enterprises. Enterprises have no right to pursue legal proceedings against employees and have no right to deal with them. "

However, Ali can investigate the violations of female employees from the perspective of rules and regulations, which is why the company reacted late and took action to avoid further expansion of public opinion and reduce the damage to corporate image and goodwill.

Figure/vision china

The netizen still has a question. An accident occurred during a business trip this week. Is it a work-related injury? The light dance lawyer said that this is in line with the work-related injury identification of "accidental injuries such as violence during working hours and workplaces due to the performance of work duties". Therefore, Zhou was infringed by his boss or customer during his business trip, and the company should be liable for compensation. Lawyer Pang Jiulin said that there was a case in the United States in which a female employee was compensated for tens of millions of dollars. For a long time, companies have taken the prevention of sexual harassment of female employees as the top priority. A female employee who is sexually assaulted may lead to the closure of a company.

However, China's laws are still lacking in this respect. There is no precedent for judging that a female employee is sexually assaulted as a work-related injury. Second, if a female employee can't go to work normally or wants to cancel the contract, should the company compensate? So far, there is no clear regulation. Many lawyers believe that Ali Female Employee Week can sue for this.

Pang Jiulin believes that Ali, after all, has a big company, a great social influence and a bad incident, and can completely compensate the victim woman from a humanitarian perspective.

Zhong, a lawyer of Beijing Law Firm, said that from the perspective of corporate social responsibility, Ali should bear corresponding social and moral responsibilities to the employees and shareholders of the company.

He believes that if such a thing happened to the female client during her business trip for work reasons, the damage caused by it, whether it was attempted rape or indecent behavior, was confirmed by the police investigation, and Ali should bear the corresponding civil liability for compensation, including mental compensation for the female client.

In fact, article 10 1 0 of the Civil Code, which came into effect on 202 1 year/October1day, stipulates "sexual harassment". This provision stipulates that sexual harassment is carried out against the will of others by means of words, words, images, physical behavior, etc. The victim has the right to ask the offender to bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, and prevent and stop sexual harassment by taking advantage of their authority and affiliation.

In addition, it is precisely because there is still a gap in China's current laws in this regard that lawyers strongly demand that Ali take the initiative to bear relevant legal responsibilities. From a small point of view, this can promote the establishment of anti-sexual assault and anti-harassment system in Ali, and from a big point of view, it can promote the relevant legislation of female sexual harassment in the workplace in China.

Attachment: The investigation result of "Ali female employee was violated" comes from Weibo, the official of Jinan Huaiyin Public Security Bureau.