Posted by David Kopel:
Chinese woman resists rape, is criminally convicted, then released:
http://volokh.com/archives/archive_2009_06_14-2009_06_20.shtml#1245187577
Deng Yujiao, the hotel waitress whose case [1]became a cause celebre
in China, was [2]released today. The Badong County People's Court had
found her guilty of causing "injury with intent" because she fatally
stabbed one local Communist official and injured another.
Ms. Deng [3]explained that she used a fruit knife in self-defense when
the men attempted to sexually assault her. The original police report
[4]said that the men asked for "special services," which is popular
euphemism for sex. Later reports claimed that the men only asked for
"bathing service," which is a legitimate service offered at hotels
like the one Deng worked at.
In any case, Ms. Deng repeatedly told the men that she was a waitress
and did not work in the bathhouse section of the hotel. The official
report [5]omits the fact that Deng Guida, the decedent, is accused of
beating the victim after being refused sex, calling her a prostitute
and threatening to kill her. Finally, the most recent report, released
a few days before the 20th anniversary of the Tiananmen Square
massacre on June 4, downplayed Deng Yujiao's "guilt" and seemed
calibrated to appease the growing numbers of Chinese clamoring for
justice.
Even when releasing Ms. Deng, the court claimed that her self-defense
was "excessive." That claim seems incorrect. Article 20, [6]Clause 3
of the Chinese Criminal Law states:
Where a defence is conducted to an immediate violent crime of
committing physical assault, committing homicide, robbery, rape,
kidnapping, and other crimes seriously endangering the security of
a person, and it causes bodily injury or death to the unlawful
infringer, such an act shall not be defence that exceeds the limits
of necessity, and criminal responsibility shall not be borne for
such an act.
Nevertheless, the court pointed to two grounds in favor of releasing
her. First, she had reported the incident to the police. Second, she
supposedly had diminished responsibility because she is
manic-depressive. Her former lawyers, however, [7]dispute the
manic-depressive assertion. Some commentators believe the mental
health allegation, initially made at the outset of the investigation,
was originally fabricated to discredit her; later, it became a handy
tool to have her released without the government needing to openly
account for the Communist Party officials' crimes.
Deng Yujiao's release is very good news; but it is less a victory for
the rule of law--she was found guilty after all--and more a political
response to the widespread public support she received and an attempt
to head off further public discussion of violent abuses by Communists
Party officials.
Thanks to [8]Epoch Times, a newspaper which is outlawed in China, but
which is distributed in the U.S. and other nations, and which reports
frequently on human rights abuses in China. Also thanks to
Independence Institute summer associate Dave Heal, who researched this
story and co-wrote this post.
References
1.
http://globalvoicesonline.org/2009/05/17/china-netizens-stand-with-the-waitress-who-killed-an-official/
2.
http://www.google.com/hostednews/ap/article%20ALeqM5hK1BEPY25OVJXylsnY4CRaNDMc_gD98RSJU02
3. http://chinadigitaltimes.net/2009/05/deng-yujiao-tells-her-story/
4. http://www.theepochtimes.com/n2/content/view/17648/
5. http://chinadigitaltimes.net/2009/05/deng-yujiao-tells-her-story/
6. http://www.asianlii.org/cn/legis/cen/laws/clotproc361/
7. http://www.theepochtimes.com/n2/content/view/17648/
8. http://www.theepochtimes.com/
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