Teacher has sexual relations with female student; police say no case will be filed as the female party was willing

by zxyasdi20 on 2011-07-01 17:05:45

Changsha - In less than a month, a teacher surnamed Yao from Yuanling County had sexual intercourse multiple times with a second-year junior high school girl, Li Yuan (a pseudonym). After Li Yuan's family reported the case, the local police station investigated and determined that at the time of the incident, Li Yuan was "over 14 years old and the act was voluntary," concluding that Yao's behavior did not constitute "rape," hence no case was filed. The police also believed that Yao's actions constituted a violation of discipline, and the family of the girl could apply for compensation.

Recently, Li Yuan's family posted a request for help on the "Voices of the People" column, hoping to get a "fair judgment." At noon yesterday, the Yuanling County Public Security Bureau replied online, stating that the investigation conclusion was objective. Although the involved teacher did not commit a crime, his behavior was deceitful, and the Li Yuan side could apply for civil compensation.

On December 2 last year, Li Yuan's father reported to the police that his daughter had been raped by a teacher surnamed Yao from a middle school in Yuanling County. After receiving the alarm, the local police station immediately began an investigation and evidence collection. It was found that since last August, Yao had been frequently exchanging text messages with Li Yuan, a second-year junior high school student at the school, and they had developed an ambiguous relationship. On October 2 at noon, Li Yuan and Yao had sex for the first time in the teacher's dormitory. Thereafter, they had sex five more times in a hotel in Yuanling County. On October 27, Yao's wife discovered them at Yao's home. After the school learned about the matter, they informed Li Yuan's father.

The police stated that the reason for not filing a case was based on Article 86 of the "Criminal Procedure Law." At the time of the incident, Li Yuan (born July 4, 1996) was over 14 years old, and during the sexual acts with Yao, she was always willing. Therefore, this case does not meet the elements of rape as defined by the "Criminal Law." The police also believed that Yao's disciplinary violations should be handled by the Discipline Inspection Commission of the Yuanling County Education Bureau; his behavior was deceitful and falls under civil behavior, so Li Yuan's family could apply for compensation. If they sue Yao in court, the public security organs can provide relevant evidence; if the family has objections to the decision to uphold the original non-filing decision after reconsideration, they can appeal to the procuratorate for judicial supervision. Reporter Geng Hongren.