10 Months in Jail for False Email Accusation of Sexual Assault
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2008/11/11 01:50
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Update Date: 2008/11/10 07:20 Reporter Hong Jinghong / Taichung Report
A Mr. Yang, who recently graduated from the post-baccalaureate Chinese medicine program at China Medical University, had a falling out with his classmates Mr. Wang and Ms. Fan, with whom he had studied for five years. He fabricated a gossip email, falsely accusing "Wang of being the perpetrator who sexually assaulted Fan," causing a stir in the Chinese medicine community. The victim filed a lawsuit, and the court ruled in the first instance that Mr. Yang's act of spreading gossip cost him 10 months in prison. The case is still appealable.
This defamation case occurred in September of last year, when Yang and the other two were still students. Now, they have all passed the national examination and obtained their qualifications as Chinese medicine practitioners. Mr. Wang said that last year, during his internship and exams, coupled with the defamation lawsuit, left him mentally and physically exhausted, but now his innocence has been restored. Ms. Fan declined to be interviewed. Mr. Yang could not be reached for comment.
"Post-baccalaureate classmate Wang is the perpetrator who sexually assaulted a classmate!" In September of last year, 400 to 500 teachers and students from the post-baccalaureate Chinese medicine program at China Medical University received this gossip email. The content described that Ms. Fan often sought Mr. Wang to talk about her troubles, but unexpectedly was sexually assaulted. The woman kept tissue paper stained with semen and continuously cried to her friends about it.
This email quickly spread, turning into a gossip scandal in the central Chinese medicine community. The parties involved were kept in the dark until a friend forwarded the gossip email to them, bringing the whole incident to light.
Wang and Fan immediately reported to the police. The police traced the IP address from which the email was sent and found that the source of the gossip was from a public computer in the China Medical University library. By reviewing the library's surveillance footage at the time and finding an eyewitness, it was revealed that the entire gossip originated from Mr. Yang, who had been classmates with them for five years.
The investigation by the prosecutors and police found that Mr. Yang had accessed the internet through the school library computer at the time, applied for a free email account in Wang's name, and then sent the gossip email to 400 to 500 teachers and students in the same department. It turned out that Yang suspected Wang and Fan were unfriendly towards him and spoke ill of him, so he fabricated the gossip to retaliate.
Mr. Yang vehemently denied the allegations, insisting that he did not spread that email. The verdict stated that the defendant, who was soon to become a doctor, should have higher moral standards, yet he spread rumors to slander his classmates and should be severely punished. The judge sentenced him to 10 months in prison for the crime of spreading written defamation.
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