The woman consulted a Chinese medicine practitioner for shoulder and neck pain. The male Chinese medicine practitioner touched her vagina for a while while massaging her.
The male doctor was later arrested and had earlier denied indecent assault on trial.
The case was decided in the Kwun Tong Court today (30th), and Magistrate Qu Liwen pointed out that the defendant had no doubt intentionally violated X at the time, and ruled him guilty.
Qu Guan sentenced the defendant and the victim to have a relationship between doctors and nurses, but recklessly violated each other while providing treatment, touched and penetrated the victim's genitals during the period, which was an invasion of personal privacy and dignity, disgusting behavior, violation of integrity, and serious case. 12 months.
The prosecution then applied to the court for a remand order to escort the defendant to the court for another case on October 5.
According to the judiciary's website, the defendant was charged with two counts of indecent assault in the case.
The defendant, Tsang Dimin (37), denies one count of indecent assault, alleging that he indecently assaulted a woman X at the Bencao On Wo Tang Lam Tin Chinese Medicine Centre at Huijing Plaza in Kwun Tong on April 19, 2021.
The defendant Zeng Dimin was convicted of indecent assault and sentenced to 1 year in prison.
(Photo by Liu Anqi)
Victim X's testimony is clear and flat
Qu judge ruled that X's testimony was clear and balanced, and he could describe the incident in detail.
It was mentioned that the defense questioned that X, as a woman with certain life experience and knowledge, claimed that her reaction when she was molested was unreasonable, and she did not leave immediately. However, Guan Qu felt that the defense's statement was "too general and superficial", and also pointed out that X was not unresponsive at the time, and she tried to control her body to stop the accused's indecent behavior.
Qu Guan emphasized that knowledge has nothing to do with the reaction you should have when you are molested, otherwise people who learn to be rich will not be violated. This statement is obviously unreasonable.
Deems it reasonable to have no immediate response
Qu Guan continued to point out that X is a knowledgeable, dignified woman who was panicked but affirmed when giving evidence in court, and could calmly respond to difficult topics, which is also in line with her reaction after being molested.
As for X's calmness when he complained to his mother about the incident afterwards, Qu Guan thought that some people might have a blank mind after being molested. Humans' reactions are not the same, so X's reaction at that time was not unreasonable.
Qu Guan therefore believed that the defendant had no doubt intentionally violated X at that time, and ruled him guilty.
Case No.: KTCC 346/2022
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