17-Year-Old Girl Refuses Advances, Gets Disfigured: Perpetrator's Father Claims Early Romance, Lawyer Argues Compensation Regardless
Event Recap
According to reports, on February 24th, a Weibo post exposing an Anhui "official's son" who became tyrannical and disfigured a young girl when his advances were rejected went viral. The post claimed Tao Rukun caused severe burns to Zhou Yan after failing to win her affection.
On the evening of September 17, 2011, Tao Rukun broke into Zhou Yan’s home, catching her off guard, doused her with lighter fluid he had prepared in advance, and set her on fire. Zhou Yan screamed in agony.
Zhou Yan's family rushed to the scene, called the police, and dialed 120 for emergency services. Zhou Yan's injuries were extremely severe; one ear was burned off, and her face was unrecognizable.
At the time of the tragedy, Zhou Yan was only 17 years old, while Tao Rukun was about the same age. They attended the same school during junior high but were in different classes.
To avoid Tao Rukun’s pursuit, Zhou Yan’s parents had transferred her to another school and later made her take a year off, yet these measures failed to stop Tao Rukun from harassing her or prevent the tragedy.
Initially, Tao Rukun's parents covered Zhou Yan's hospitalization costs. However, after Zhou Yan's family refused Tao Rukun's request for bail, they stopped paying her medical expenses.
Upon investigation, it was found that Tao Rukun's father, Mr. Tao, was an official at the Hefei Audit Bureau. On the night of February 25th, Mr. Tao finally posted a belated apology statement on Weibo.
Surprisingly, on the evening of February 25th, Tao's father posted again claiming that his son and the victim had been involved in an early romance. Due to the victim having another boyfriend, Tao Rukun couldn't handle the situation properly, leading to the harm inflicted upon Zhou Yan.
Legal Analysis
If Over 16 Years Old and Causes Severe Injuries, He Could Face A Harsh Sentence
Li Qing Shan, the director of Beijing Guan Zhong Law Firm, stated that if Tao Rukun was over 16 years old at the time of the violent act and his actions resulted in serious injuries to Zhou Yan (including minor injuries), he could be suspected of intentional injury. According to China's Criminal Law, intentionally harming another person's body can result in a sentence of less than three years in prison, detention, or probation. If the harm leads to severe injuries, the sentence can range from three to ten years.
The Criminal Law also clearly stipulates that individuals aged 16 or older causing death or severely disabling someone through especially cruel means can receive sentences ranging from over ten years in prison, life imprisonment, or even capital punishment.
Thus, the ultimate legal punishment Tao Rukun faces depends on the severity of Zhou Yan's injuries. If her injuries are classified as severe or will lead to serious disabilities, and the perpetrator's methods were considered particularly cruel, there is a higher likelihood of a harsh sentence.
Of course, if Tao Rukun is under 18 years old, the court might consider mitigating his punishment.
Regardless of Whether There Was Early Romance, the Tao Family Should Bear Full Compensation
Lawyer Li Qing Shan indicated that according to the Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in Personal Injury Compensation Cases, Zhou Yan can demand compensation from Tao Rukun for losses including medical expenses, nursing fees, transportation costs, accommodation fees, hospital food allowances, necessary nutritional supplements, etc.
If Zhou Yan becomes disabled due to her injuries, the necessary expenses incurred from increased living needs, as well as income loss due to lost labor capacity, including disability compensation, assistive device costs, and actual rehabilitation, nursing, and follow-up treatment costs, should all be compensated by Tao Rukun.
The amount of medical expense compensation is determined based on the actual amount incurred before the conclusion of the first-instance court debate. Necessary rehabilitation costs for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up treatment fees can be filed separately once they occur.
Additionally, according to the Supreme People's Court Interpretation on Determining Civil Infringement Liability for Mental Damage Compensation, natural persons whose rights such as the right to life, health, and bodily integrity have been illegally infringed upon can sue in court for mental damage compensation, which courts should legally accept. Given the current circumstances, Zhou Yan's claim for mental damage compensation should gain judicial support.
Regarding Tao's father's claim that his son and the victim had an early romance, and because the girl had another boyfriend, his son couldn't cope and thus harmed the victim, the lawyer clearly stated that regardless of whether Tao Rukun and Zhou Yan had an early romance, the brutal method used to harm the victim resulting in severe injuries and disabilities means the perpetrator must bear full compensation responsibility.
Tao's Father Actively Compensating May Lead Judges to Consider Sentencing Appropriately
Lawyer Li Qing Shan mentioned that according to the law, Tao Rukun is considered to have limited civil capacity, and any damages caused will be borne by his guardians. If the guardians have fulfilled their supervisory responsibilities, the infringement liability may be reduced. If Tao Rukun's parents knew about his persistent harassment of Zhou Yan but did nothing, this indicates they did not fulfill their supervisory responsibilities and cannot reduce their infringement liability.
According to the Supreme People's Court Interpretation on the Scope of Criminal Attachments in Civil Litigation, if the defendant has already compensated the victim's material losses, the court may consider this as a sentencing factor. Therefore, if Tao Rukun's parents actively compensate the victim's losses, the court may consider this as a discretionary sentencing factor, though there is no legal provision stating this can mitigate Tao Rukun's punishment.
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