On June 24, 2022, Liu Qiangdong, the head of JD.com, once again attracted public attention. The incident originated in the early morning of September 1, 2018. Liu Qiangdong, chairman and CEO of JD.com, was arrested face-to-face by the Minneapolis Police Department in Minnesota, USA, after he was accused of attempted rape.
As the leader of the second largest e-commerce platform in China and a billionaire, Liu Qiangdong is also married to the Internet celebrity " milk tea sister ". Liu Qiangdong himself has attracted a lot of public attention and was arrested for being accused of rape. , as soon as this incident came out, it quickly caused a sensation and triggered widespread heated discussion among netizens.
On December 22, 2018, due to serious lack of evidence, the Hennepin County Prosecutor’s Office in Minneapolis announced that it would not prosecute Liu Qiangdong. However, although Liu Qiangdong was exempted from criminal punishment, the matter is not completely over yet.
On April 16, 2019, four months after the U.S. prosecutors decided not to pursue criminal charges, Liu Jingyao, a female college student at Minnesota State University who had earlier accused Liu Qiangdong of sexual assault, officially filed a civil lawsuit against Liu Qiangdong and made compensation.
On June 24, 2022, at 1 p.m. local time, the civil lawsuit against Liu Qiangdong for sexual assault by Jingyao was held at a public hearing in Minneapolis, and the plaintiff Liu Jingyao was also exposed for the first time. Lasting for four hours, the trial released a large amount of video materials, videos and written testimonies of multiple witnesses to the public.
Among them, Liu Qiangdong’s lawyer played the video of Liu Jingyao helping Liu Qiangdong enter the apartment, and said: Liu Jingyao’s expression was smiling the whole time, and his steps were brisk, and he kept raising his hand to indicate the direction. It was not like he had just been raped in the car. What it looks like after sexual harassment.
One of Jingyao's lawyers said that if sexual consent can be proven by just a video in the corridor, a smile, and an arm-in-arm, then women's rights have been set back 100 years.
Of course, a large amount of other evidence was also released in this trial. Here, we will only focus on the above video released by Liu Qiangdong’s lawyer to analyze whether a woman holding a man’s arm and entering the room together can be deemed to be a criminal suspect. Consent to have sex.
To analyze this problem, let’s first introduce a case taught by teacher Luo Xiang in the law examination class. The case is like this:
A woman is very casual with you. She goes to your house to drink and drinks until three in the morning. You think she is so casual, drinks with you so much, and wears revealing clothes, so you assault her. Because she was so drunk that she couldn't resist. She sued you the next morning and asked: Does this constitute rape? Your reason is: She's already like this, doesn't she just agree?
Analysis: When a woman comes to your house to drink with you late at night, she is only recognizing the risks of sexual behavior and the possibility, not the reality, so of course it constitutes rape. If you say this is not "half push and half done"? Then this is an evaluation error, this is a bias, and you have to pay the price for your bias.
As for Liu Qiangdong’s case, I think that just because Liu Jingyao held Liu Qiangdong’s hand and entered the apartment with him with a smile cannot indicate a woman’s consent to have sex, but can only indicate a woman’s awareness of the risks. accept. Of course, as for Liu Qiangdong's case, whether Liu Jingyao can succeed in civil claims depends on the game of evidence between the two parties and cannot be determined by a single piece of evidence. What do you think?
