A 13-year-old girl was accused of revealing her friend's sexual secrets, and was imprisoned and abused by 8 men and women, including being forced to use a broom to insert herself into her private parts, and was forced to use a plastic bottle to insert her private parts. She was also asked to perform oral sex on a man, and one of them used a mobile phone The 14-year-old boy who filmed the attack denied his participation in the attack and indecent assault. The case was decided today (6th) in the Juvenile Court of the Kowloon City Court. Deputy Magistrate Chen Anting described the assault in the case as ugly. The boy When the subject was slapped wildly, he also praised the assailant. He chatted and laughed with other participants along the way. He believed that although he did not participate in the actual attack, his guilt was the same as that of others. He was convicted and asked for punishment first. Institutional, probation and juvenile offender assessment task force reports adjourned sentencing until Dec. 23.
Assault, indecent assault and possession of child pornography
The defendant, who is now 15 years old (hereinafter referred to as: the fourth defendant), is charged with common assault, indecent assault, aiding and abetting to commit indecent acts to children under the age of 16, and possessing child pornography. In addition to the crime of indecent conduct, the other three crimes were all convicted.
The defendant, now 15, was found guilty of assault, indecent assault and possession of child pornography in a Kowloon City court.
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Arguing that he was afraid of becoming a victim before filming
The fourth defendant once testified in court during the trial, arguing that he knew that the first defendant (15 years old) in this case was dissatisfied with X, who was 13 years old at the time, and X revealed his sexual secrets, so he met X at the Zhongyi Street Park in Homantin, and he once told the first defendant X has left to avoid disputes between the two when they met. He also said that when X was attacked, he was afraid of becoming the second victim, so he followed the instructions of the first defendant to film the footage involved and stayed at the scene.
The message shows that the fourth defendant made an appointment with the subject X to come to the scene
In his ruling, Chen Guan analyzed that, according to the content of the messages from the fourth defendant and the first defendant, the first defendant asked, "Are you asking him out?" The meeting with X was already planned.
In addition, the first defendant asked again: "Is it Mi Yuqu (referring to X) first?" The fourth defendant replied: "It doesn't matter." Chen Guan believes that the fourth defendant's immediate reply is echoing and implying that the first defendant has submitted to X When attacking, the first defendant asked again: "Why don't you beat him up and call someone?" He even suggested: "Call his son." Chen Guan believes that the response of the fourth defendant to the message is consistent with his claim in court that he does not want to The statement that the two met did not match, and it was ruled that he and the first defendant had an agreement to commit the crime.
The attack took more than an hour
The fourth defendant also argued that the mention of "Yu Qu" or "slap in the face" in the message referred to non-violent acts. The first defendant mentioned beating in his reply. Chen Guan believed that he should know that the other party meant assault, and It does not refer to "falling face", and thinks its defense is very far-fetched.
Chen Guan also pointed out that the entire attack process lasted more than an hour, and the fourth defendant had already started filming when the first defendant had sex for the first time, and participated in it in this way.
Slap X Baba forcefully and without mercy
Chen Guan described the three clips involved in the case as shocking, and the level was appalling. During the period, when the first defendant slapped X vigorously, he was "powerful and merciless", so strong that he could clearly hear it in the clips. The first defendant used various Unpleasant and sexually swearing at X, a male voice in the middle interjected several times, talking about camera angles and radio problems, obviously it was from the fourth defendant who was in charge of recording the film. His calm tone at the time reflected his relationship with the attacker. Make them feel that they are on the same side, and encourage and cooperate with them, so that they feel that they are not alone and have an audience.
Praise the assailant for being powerful and also ridicule X
Chen Guan denounced the first defendant's behavior as ugly, but the fourth defendant who witnessed the incident not only did not stop, but also praised the other party's serial slaps on X as "awesome", and also taunted X. He filmed the process at close range and encouraged Shi Assailants, strengthen their arrogance, and contribute to the abuse, leaving X in a more helpless situation.
It was his choice that the fourth defendant did not leave the scene. He stayed there to motivate the first defendant and others to attack.
Having fun talking and laughing with the assailant
As for the defense claiming that the fourth defendant was worried that the first defendant would seek triad friends to beat him, so he was coerced.
Chen Guan pointed out that his statement was quite exaggerated. The fourth defendant just heard that the first defendant said that he knew many underworld friends, so he wished and became worried.
The defendant was 14 years old at the time. He should have a reasonable and firm will and know how to distinguish right from wrong. Seeing that X was being bullied, he should firmly refuse to submit.
However, as seen in the video, he chatted happily with the first defendant, reflecting that he enjoyed it, and claimed that he was just shirking responsibility by being coerced.
Remaining at the scene is as guilty as the principal offender
Chen Guan also pointed out that the fourth defendant, as a participant in the original plan, must have foreseen that the assault and abuse would turn into obscenity.
He foresaw the incident but stayed at the scene. Even if he did not take any actual action, his culpability was no different from that of the principal offender. Therefore, he was convicted of common assault and indecent assault.
It's unbelievable to say it's child pornography
The fourth defendant claimed that he knew the video existed, but when his friend talked about the sexual assault and sent the video of X being attacked that day, he did not say that he had not seen it, and he did not know that it was child pornography.
Chen Guan directly pointed out that his statement was unbelievable, because most of the assault incidents were related to sexual assault, and he did not believe that he would deliberately avoid talking about the incident with his friends when they mentioned the incident to each other.
Case No.: KCCC3495/2021
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