A 50-year-old man in Hunan was suspected of being sexually assaulted by a male doctor in the name of examination, and the police intervened in the investigation.
For Mr. A, a resident of Hunan Province, his recent experience in Hunan Provincial People’s Hospital has greatly humiliated him and his family at the age of 51.
Mr. A told The Paper (www.thepaper.cn) that at 11 o’clock in the evening on July 11th, that is, the night after his operation, he was invaded by a 29-year-old male doctor in the hospital in the name of examining hemorrhoids, while he was on an empty stomach for more than 30 hours.
Mr. A’s self-reported experience was confirmed. On the day after the incident, the male doctor involved admitted that he had sexually assaulted the patient at the confrontation site attended by the relevant person in charge of the hospital and department.
After the incident, Mr. A felt the greatest humiliation in his life. He said that in recent days, he fell asleep by sleeping pills, and he was awakened by a slight abnormal noise.
On the afternoon of July 19th, accompanied by his relatives, Mr A reported the case to Dingwangtai Police Station of Furong Branch of Changsha Public Security Bureau. On the 20th, The Paper learned from Furong Branch of Changsha Public Security Bureau that the criminal investigation has been stationed in the hospital for investigation and evidence collection.
Male doctors are accused of sexually assaulting male patients in the middle of the night in the name of examination.
On the evening of July 18th, accompanied by his family, Mr. A told a reporter in The Paper about his experience.
Mr. A said that he was 51 years old (in nominal age) and suffered from pain in the left lower abdomen. On July 9, he went to the Second Department of Gastroenterology of Hunan Provincial People’s Hospital (the First Affiliated Hospital of Hunan Normal University). After colonoscopy, he was found to be suffering from pain caused by colon polyps and needed minimally invasive surgery.
Because of the particularity of "colonoscopy" and minimally invasive colon surgery, Mr. A was asked not to eat food before the operation and to take laxatives to empty the food in his body. At about 5: 30 pm on the 11th, the operation ended, and the doctor told Mr A not to eat for 24 hours.
Mr. A said that at 11 o’clock on the evening of the 11th, the male doctor in charge, Zeng Moumou, went to the ward and told him that according to the previous examination, he had hemorrhoids and hepatitis C, so he would go to him for further examination. After a short rest, he found Dr. Zeng with an infusion bottle. After the doctor simply asked about the situation, he was taken to the "expert office" for further examination.
Mr. A said that, according to Zeng’s request, he leaned over the first half of his body, his hands clung to the steel bracket for infusion, and he took off his pants, ready to be examined by the doctor on the anus. During the examination, the doctor turned off the light, and then he noticed something unusual and scolded the doctor for "what he was doing". The doctor immediately left the office in the dark.
After suspecting that he was sexually assaulted, Mr. A called his relatives to take care of him in the hospital on the one hand, and kept the evidence on the other.
Mr. A said that he then went to Dr. Zeng for questioning alone. In the recording of 5 minutes and 58 seconds of the first confrontation with Dr. Zeng provided by Mr. A, The Paper heard that in the face of questioning, Dr. Zeng replied in a low voice at first "not like that"; Then he lowered his voice further and said, "Brother, let me explain … … …” .
In the recording, Dr. Zeng later admitted that he had violated Mr. A, calling it a sincere apology, hoping not to tell the hospital.
On July 12, after Mr. A told the head of the department, the hospital and the department appointed relevant heads to organize both parties to investigate the incident. The video provided by the family shows that during this process, Dr. Zeng admitted that he had sexually assaulted Mr. A.
On the evening of July 18th, Mr. A and his family replied to The Paper that, first of all, Mr. A had a heavy ideological burden after the incident, fearing that his wife and children could not face it, and that friends around him would laugh at himself after knowing it; In addition, the hospital has been communicating to discourage family members from reporting the case, saying that it can be settled through consultation and will give Mr. A a satisfactory solution.
The audio and video provided by Mr. A’s family showed that the hospital had twice organized the hospital, the injured party and Dr. Zeng to negotiate and settle. The hospital representative once said: If the family reported the case or found the media to expose it, the hospital would not care, and the court would judge it as it should; As long as it is exposed, everyone knows about it, and Mr. A will not be able to face it in the future.
According to the audio and video recordings, during the negotiation, Dr. Zeng offered to compensate Mr. A for 100,000 yuan, while Mr. A’s family suggested that "(even) he should pay 2 million yuan … … … 20 million yuan can’t erase the damage. ""A 51-year-old patient just finished surgery and didn’t eat for more than 30 hours … … … .. you failed to live up to the patient’s trust in the doctor and did something unheard of and worse than animals … … ..”
The Paper saw from the video materials provided by his family that according to Dr. Zeng and the hospital, Dr. Zeng is 29 years old and is a doctor studying in Hunan Provincial People’s Hospital.
On the afternoon of July 19th, under the persuasion of his family, Mr A went to Dingwangtai Police Station of Furong Branch of Changsha Public Security Bureau to report the case. At present, the police have been involved in the investigation.
On the afternoon of July 20th, The Paper learned from the relevant person in charge of Hunan Provincial People’s Hospital that at present, Dr. Zeng has been taken away by the police for investigation, and the hospital is actively cooperating with the police investigation. Previously, the reason why the hospital organized coordination was to consider that things were expanding to the society, fearing that the society would have more misunderstandings about the doctor-patient relationship.
According to the person in charge, Dr. Zeng is a refresher doctor selected by the county-level hospital to the provincial people’s hospital for one year. During his further study in the Provincial People’s Hospital, Dr. Zeng served as a bed care doctor.
Lawyer: In law, male sexual assault will be treated as obscene.
Liu Chang, director of the china law society Case Law Research Association and lawyer of Beijing Zhongwen Law Firm, believes that although the academic circles have been calling for compulsory behavior between men of the same sex to be included in the scope of the regulation of rape, until the law has been amended, the domestic sexual crimes against men still cannot be evaluated as rape.
"At present, in judicial practice, sexual assault and harassment between same-sex people are generally treated as ‘ Indecent with others ’ Handling, but it does not necessarily constitute a crime, and may also be subject to public security punishment. Article 44 of the Law on Public Security Administration Punishment stipulates that ‘ Indecent and vile ’ Can be detained for more than five days and less than ten days. "
According to Liu Chang, with the growing voice of domestic law scholars for the "de-sexualization" of criminal law, the Criminal Law Amendment (IX), which was implemented in November 2015, has revised Article 237 of the Criminal Law, thus changing the object of the crime of compulsory indecency from "woman" to "others", which means that although the compulsory behavior between men and women cannot be evaluated as rape, it can be evaluated as the crime of compulsory indecency, which can generally be punished for five years. At present, there have been many cases in domestic judicial practice in which same-sex compulsory indecency cases have been convicted.
Liu Chang believes that in this case, whether the homosexual act committed by a 29-year-old male doctor in Hunan Provincial People’s Hospital against Mr. A, a 51-year-old patient, is applicable to public security punishment or constitutes a criminal offence needs to be comprehensively considered in combination with the specific circumstances of the case, the degree of illegality, the consequences of the damage, etc. In practice, if the perpetrator forcibly has anal sex with the victim, it can generally be considered as being against the will of others, forcing others to molest by coercion, and being suspected of compulsory molestation.
On July 20th, The Paper learned from the Furong Branch of Changsha Public Security Bureau that the police attached great importance to the case. After receiving the report, they sent criminal investigators to intervene in the investigation. After recording Mr. A, they entered the hospital for investigation and evidence collection.
