1. Case: A male technician in Nantong sexually assaulted Ms. Shi, a sleeping female customer. While waiting for her husband to come home, she went to a health massage parlor in Huilong Town, Qidong City, and chose the 80-minute "China Foot Massage" package massage service. The store arranged a male technician surnamed Huang to provide services. During the massage, Ms. Shi fell asleep unconsciously. Suddenly, Ms. Shi felt strange and woke up suddenly to find that the male technician was invading herself. She was about to call for help when the male technician ran away. After Ms. Shi reported the incident to the staff in the store, the store called the male technician for verification. On the phone, Huang said that he "did something he shouldn't have done." Subsequently, Ms. Shi's husband also rushed to the store, asked about the situation and reported the police.
After trial, Qidong People's Court held that Huang had forced sexual relations with women against their will, and his behavior constituted rape, so he sentenced the defendant Huang to four years' imprisonment. After the judgment of the first instance, Huang refused to accept the appeal, saying that Ms. Shi did not resist or refuse at the time of the crime, and her behavior did not constitute a crime. Nantong Intermediate People's Court upheld the original judgment.
Second, the legal issues involved in this case If we evaluate this case according to the reported plot, we can only say that this male technician is really "full of desire for sex". Under the action of hormones, it directly infringes on sleeping female customers. According to the criminal law, rape refers to the act of forcing women to have sex with them by violence, coercion or other means against their will. Among them, "other means" refers to using women to sleep, get drunk, take drugs, etc. When they lose the ability to express their consciousness and resist. In this case, the male technician argued that the female customer did not resist and explicitly refused. He thinks that the female customer agreed and acquiesced, which involves the expression of meaning. This gives readers a certain imagination. Is there an ulterior "hidden rule"? Otherwise, why are male technicians so bold?
Third, it seems that male technicians have become high-risk occupations. You can go and have a look. Similar cases of male technicians infringing on female customers often occur, and the unlucky ones are all male technicians. Have you ever wondered why few male customers report being violated by female technicians?
1, heterosexual massage was equivalent to prostitution in the early days of reform and opening up. With the gradual standardization of this industry and the change of public ideology, it seems to be accepted by the public now.
2. Why do massage shops provide heterosexual services instead of homosexual services? This is not a technical problem, but a psychological experience of taking care of customers. If the customer does not explicitly refuse the opposite sex service, the store will think that the customer is willing to accept such a "psychological experience" and enjoy it.
3. If the technician abides by certain professional ethics, it can effectively avoid some disputes by explaining to customers how to serve and which parts they will touch before massage. Just like when a hospital examines a patient of the opposite sex, it requires the patient's relatives to accompany him. The problem is that some technicians do not abide by professional norms and ethics, and in order to give customers a better "experience", they provide customers with "ambiguous" services without authorization. Some customers think that the technician's massage scale is large, which is cheap, and some customers think that it violates it. Most disputes between female customers and male technicians are due to this reason, not because male technicians want to take advantage.
As long as there are female customers who claim to be harassed by male technicians, male technicians can't explain it with "hidden rules" in the industry, let alone get away with it. If you call the police, it will be more difficult for male technicians to tell. He can't provide evidence of what the female customer acquiesced in. You said you didn't touch it. Where does the massage oil come from on customers' private parts or clothes? Therefore, as long as female clients sue male technicians, they will lose money, be administratively detained or even sentenced.
5, there is another kind, male technicians will also carry the pot. If a female client asks a male technician to provide "special service" and her husband suddenly barges in, how will the female client explain it to her husband? The most direct way is to fall asleep and have no idea what happened. I threw the pot to the male technician. In this case, the police, male technicians constitute rape, will be sentenced to three or four years in prison. The male technician will argue that the female customer asked for it, and the judge will ask him to produce evidence. Can he provide it?
6. Case:
Ms. Dai came to the massage parlor to relax and chose a male technician in her twenties. During the massage, the male technician didn't know whether it was intentional or unintentional. He patted and touched Ms. Dai's privacy. At the end of the massage, Ms. Dai complained that the man had extended a "salty pig hand" to her. She said that the male technician not only reached out to his private parts, but even put his middle finger in. Fortunately, he was able to stop it in time. The male technician said that he just touched Ms. Dai's hair, and there was no other action, which was inevitable in massage. Ms. Dai said that it would not work, and she would have to compensate herself for 50,000 yuan of mental damages. In the end, the massage shop compensated Ms. Dai for 2000 yuan and returned the recharge amount of the day to Ms. Dai.
To sum up, if male technicians do not abide by the operating norms and professional ethics of the massage industry, it is easy to touch the thunder. Once accused by a female customer, she is ready to knock out her teeth and swallow them into her stomach!
Fourth, try to stay away from this place of trouble 1. If you have low back pain, you'd better find a blind masseur for treatment. Try not to go to any massage shop or foot bath shop. The so-called technicians in these places must have received professional training, and most of them provide "psychological experience" to customers.
2. I want to go to such a massage shop and ask the store not to accept heterosexual services. Even if you receive heterosexual massage, you'd better take a walk with friends and relatives, choose some empty places, and don't be alone with heterosexual technicians. In the process of massage, if the technician does not introduce the service process and massage parts, he can also make some requirements in advance. In the process of massage, if the technician is found to be dishonest, it should be stopped in time to prevent further infringement.
3. If you are infringed during the massage, you should call the police in time. Even if the store is required to compensate for mental damage, it is best to do so under the auspices of the police. If the two sides negotiate compensation privately, they should also grasp the discretion. If the operation is improper, the massage shop will bite back and say that the customer is blackmailing, and the victim becomes an offender. If not, he will be sentenced for violating the criminal law.
Written at the end: frequent similar disputes are caused by the nonstandard massage industry. In order to avoid such disputes, both sides need to pay attention.