After learning that her daughter had been raped, the mother was overwhelmed with grief and anger. She took her younger brother and called her friends to find the "villain" and confront him. However, under the encouragement of a crowd of onlookers, they ended up beating the "villain" to death. Yesterday, the Guangzhou Intermediate People's Court announced the first-instance verdict: Chen Xuexiang was sentenced to five years in prison for intentional injury; her younger brother, Chen Jianxiong, received a 17-year sentence for intentional injury and illegal possession of drugs; co-defendant Tang Chihui was sentenced to 12 years in prison, with four years deprivation of political rights. The three were also ordered to jointly compensate the victim's family for economic losses amounting to nearly 500,000 yuan.
Video: A mother suspected her daughter was raped and led people to beat the suspect to death on the street. Source: Sina Blog
By reporter Liu Xiaoxing
Event Recap: Mother leads a group to beat the "villain" to death on the street
Chen Xuexiang is a single mother who has worked hard to raise her beloved daughter Xiaoqian (a pseudonym). However, on July 10, 2009, her beloved daughter told her that she had been raped by Li Mou at dawn. Subsequently, Chen Xuexiang reported the incident to the police and led officers to collect evidence at a hotel.
The family was still seething with anger when Li Mou made a harassing phone call, saying he wanted to keep her as a mistress and demanded to meet again. Enraged, Chen Xuexiang discussed with Chen Jianxiong how to capture and punish this "villain."
On July 11, 2009, Xiaoqian lured Li Mou to the area near Longjin East Road in Guangzhou. At around 3 PM that afternoon, after Li Mou arrived by car, Chen Jianxiong, Chen Xuexiang, and Tang Chihui, invited by Chen Jianxiong to help, along with Lin Yaohui (separately prosecuted), immediately moved to grab him. After Li Mou tried to escape, he panicked and collided with a bus. As Chen Xuexiang chased after him, she cried out to the onlookers, “My underage daughter was raped! Catch the rapist!”
The indictment stated that Chen Jianxiong, Chen Xuexiang, Tang Chihui, and Lin Yaohui then grabbed Li Mou and beat and bound him with weapons, causing his death from severe injuries. According to the forensic examination, Li Mou died from extensive subarachnoid hemorrhages in both the large and small brain caused by blunt force trauma to the head, leading to central nervous system failure.
After the incident, Chen Xuexiang reported it to the police and stayed at the scene, later being taken back by the police. Chen Jianxiong and Tang Chihui fled after the incident but were later captured.
Court Ruling: Even harming a rape suspect carries responsibility
During the previous trial, the defendants all argued that many members of the public also participated in the beating. Chen Xuexiang even said that she only slapped Li Mou a few times.
The court found that Chen Xuexiang and Chen Jianxiong were the initiators of the crime. Chen Jianxiong, Tang Chihui, and co-defendants used weapons or fists to beat Li Mou together. His death was a result of the joint actions of Chen Xuexiang, the three others, and co-defendants. According to the law, each person involved in the joint crime should bear corresponding criminal responsibility based on their specific actions and roles in the harmful consequences. However, since it cannot be definitively proven which individual’s actions directly led to the death, the distribution of criminal responsibility in this case is relatively dispersed. This will be considered appropriately during sentencing.
Additionally, considering the cause of Li Mou's death, although Chen Xuexiang also participated in the beating, her actions did not directly cause the death, making the harm relatively mild. Her behavior was at the same level and nature as that of the onlookers who also participated in the beating.
The court pointed out that although Li Mou was a major suspect in raping Chen Xuexiang's daughter, existing evidence does not sufficiently prove or determine that Li Mou indeed committed the act of rape. Therefore, while there is significant suspicion, Chen Xuexiang and others have the right to hand over suspects to judicial authorities, but the law does not grant them the right to harm or deprive suspects of life. Considering the whole case, the death of the victim was certainly not pursued by Chen Xuexiang and others, but objectively, it did result in casualties. Given that the incident had its reasons, the subjective malice and personal danger of each defendant decreased somewhat. Additionally, Chen Xuexiang turned herself in, and Chen Jianxiong provided important clues during detention, enabling the police to solve other cases. Therefore, the court handed down a lighter sentence.
Lawyer's Viewpoint: The mother deserves sympathy and should receive probation
After the verdict, all three defendants believed the sentences were too heavy and expressed intentions to appeal.
Due to her mother and uncle being imprisoned, Xiaoqian broke down in tears outside the court, crying, “Now I am left alone. I have never been separated from my mom since I was born!” It is understood that Xiaoqian's parents divorced when she was in primary school grades five or six, and she hasn't seen her father since then. Afterwards, Xiaoqian has always depended on her mother, Chen Xuexiang, and they have had a good mother-daughter relationship. Now 19 years old, Xiaoqian dropped out of school after the incident and currently rents a room of more than ten square meters with her aunt and cousin. Additionally, Chen Jianxiong has a two-year-old child that needs care.
Zhang Xinqiang, the chief lawyer of Guangdong Tian Sheng Law Firm providing legal aid to Chen Xuexiang, believes that the sentence for Chen Xuexiang was too heavy. As a pitiful mother, although her actions violated the law, they are indeed worthy of sympathy. She should be given a chance for leniency and be placed on probation so she can take care of her daughter as soon as possible.
Reactions from all sides:
Chen Xuexiang (Xiaoqian's mother): The sentence is too heavy, and an appeal will be filed.
Xiaoqian: Now I am left alone. I have never been separated from my mom since I was born!
Zhang Xinqiang (lawyer providing legal aid to Chen Xuexiang): The sentence for Chen Xuexiang is too heavy. As a pitiful mother, although her actions violated the law, they are indeed worthy of sympathy. She should be given a chance for leniency and be placed on probation so she can take care of her daughter as soon as possible.
Source: Sina Blog Play video