China's first successful case based on "sexual harassment damage liability dispute" independent case

Female employees sue male boss for sexual harassment

The man's refusal to apologize will be enforced by the court

　　West China Metropolis Daily-Cover News Reporter Tian Lulu

　　"If I don't do this, there may be another victim." After receiving the court's judgment, Zhang Xian (pseudonym) nervously opened it, and when she saw the 8 words "reject the appeal and maintain the original verdict" , Cry out loud.

　　In the past 900 days, Zhang Xian fought several lawsuits and gave up his job due to constant appeals.

All this was due to a dirty hug, her former boss Li (a pseudonym) sexually harassed her in the room.

　　Zhang Xian is not the only victim.

When they learned that colleague and friend Wang Li (a pseudonym) had even been sexually assaulted by Li several times, the two took Li to court.

After several appeals and verdicts, the Li's sexual harassment case was settled, becoming the first case in China where the independent case of "sexual harassment damage liability dispute" won the case.

　　After the verdict took effect, Li refused to apologize publicly.

On December 18, the People's Court Announcement Network issued an enforcement announcement, requiring Li to apologize in person orally or in writing.

But at this time Li had already left the place where the incident occurred and went to work in other provinces.

Dirty hug

　　In 2014, Zhang Xian graduated from University and found a social work job in Chengdu.

The director of the non-profit organization Li is well-known in the industry, has strong ability and high degree of activity, and is called a "star social worker."

　　After joining the company, Zhang Xian and Li became colleagues, "It is a relationship between superiors and subordinates, and their speech is limited to work."

　　As a tycoon in the public welfare industry, Zhang Xian, who is newly recruited, is undoubtedly looking up to Li. This "spiritual leader" is tall and sturdy, with a dignified appearance and a decent impression.

But Li's personality in Zhang Xian's heart collapsed completely because of a dirty hug.

　　One day in the summer of 2015, Zhang Xian, a project supervisor, returned to his work place from Wenjiang District, Chengdu. She was exhausted and was about to go back to the dormitory to rest. When he met Li, he exchanged a few words, chatted about work, and the two gave a polite hug. .

"At that time, the team had the habit of politely hugging, encouraging each other, and never crossing boundaries, so I didn't think so much." Zhang Xian said.

　　After a brief hug for a few seconds, Zhang Xian, who was about to let go, discovered that Li did not mean to let go.

She patted her shoulder and said, "It's done." But Li still did not remove his hands, and continued to stroke other parts of her body.

　　Zhang Xian began to panic. There were only two of them in the dormitory, and the air was filled with tension.

She was a little wary, but she was afraid that direct resistance would anger Li and cause even more unbearable consequences.

While Li was relaxed, Zhang Xian pushed him away and quickly ran back to the room to lock the door behind him.

　　The insulted Zhang Xian tried to control her trembling body, and sent a message to Li, angrily reprimanding her behavior.

Li replied: "I'm sorry".

The three flirty words were not enough to calm Zhang Xian. She called her boyfriend at the time (colleague and current husband at the time) to tell the story.

"Really Teacher Li?" In her boyfriend's heart, it also caused shock and anger.

Erupt in silence

　　Zhang Xian’s boyfriend immediately called Li to question, and recorded the call as evidence.

Li admitted wrongdoing on the phone and expressed willingness to apologize.

"I have always said that I want to apologize, but I have never apologized face-to-face when I was engaged in the haircut." Zhang Xian said.

In the subsequent work, Li seemed to be fine as usual, but the trauma in Zhang Xian's heart remained undiminished, and the gap became bigger and bigger.

　　Many people have asked Zhang Xian why he didn't leave the job at that time, or confronted Li.

Zhang Xian said helplessly, how can she contend with her boss, who has a profound social work experience and a profound network of "adversaries"?

For her at the time, there seemed to be no better way except to maintain surface peace.

　　The disparity in status prevented Zhang Xian from having the courage to hit a rock with a pebble, so she had to choose silence and forbearance.

　　In September 2015, Zhang Xian left his job and went to Shanghai Fudan University to study for graduate school. In the past three years, every time he recalled that dirty hug and Li's expression of doing nothing, sorrow and sorrow filled my heart, sometimes crying and resentful.

The repeated emotions reached a critical point and broke out completely in the talk with friend Wang Li.

　　Wang Li and Zhang Xian are colleagues in Li's unit, and their working relationship made them friends. After returning from Shanghai to Chengdu, Zhang Xian couldn't help telling Wang Li about the incident when they attended a party.

　　"Never doubt your judgment, Li is such a person." Wang Li's answer surprised Zhang Xian, and what shocked her was what Wang Li said afterwards: Li had repeatedly sexually assaulted her.

Wang Li said that since 2014, Li has forcibly had sex with Wang Li more than 5 times in violation of Wang Li's wishes.

　　"If I stood up at that time, maybe Zhang Xian would not be the next victim." Wang Li said, not that she had never thought of calling the police, but considering Li's identity and the breakdown of her parents, she also chose to remain silent.

"With a salary of more than 2,000 yuan, there is really no confidence." Wang Li didn't know how to start life again, and she didn't dare to leave. During this period, she suffered severe depression and was suicidal.

　　In 2018, Wang Li and Zhang Xian jointly sued Li for infringement of general personality rights with civil compensation.

In June 2019, the Wuhou District People's Court of Chengdu City ruled that Li lost the lawsuit, ordered Li to apologize in person orally or in writing, and dismissed civil compensation and the responsibility of the determination unit.

The sexual assault case that Wang Li applied for was a criminal case and was transferred by the court to the public security organs for investigation. However, the scene could not be identified due to the demolition in many places, no witnesses, and Wang Li was unable to provide biological evidence. The police has not yet opened the case.

Wang Li said that she had been to the public security organs to record transcripts many times, and the last time the public security organs notified her to make transcripts was September 2020.

Will be enforced

　　After the first-instance judgment took effect, Zhang Xian filed an appeal, and Li also appealed because of his dissatisfaction with the judgment.

What surprised Zhang Xian was that many of his former colleagues and seniors in the industry appeared in court to testify for Li, proving that he was a "good person."

　　Someone asked Zhang Xian before appearing in court: "Is this a good person like Li, have you misunderstood." Others asked her why he had ruined Li.

Zhang Xian and Wang Li also posted the incident on the Internet, and voices of doubt and slander were endless.

Zhang Xian never expected that she was a victim, but she had to endure the gossip.

　　In June 2020, the Chengdu Intermediate People's Court held a second instance and upheld the first instance judgment.

　　After the judgment of the second instance, Li continued to file an appeal, believing that his behavior did not constitute "sexual harassment" and that Zhang Xian used a hug many years ago to discredit him.

On September 28, 2020, the court rejected Li's application for retrial and upheld the second instance judgment.

　　After receiving the verdict, Zhang Xian shed tears, and the final verdict did not disappoint her efforts.

From the first trial to the present, due to limited energy, Zhang Xian gave up working to fight a lawsuit and has not worked anymore.

　　The West China Metropolis Daily and cover news reporters contacted Li many times, but his phone was unanswered. Through Zhang Xian's account and inquiring official information, I learned that Li is no longer in Sichuan and currently works in a social work organization in Hebei.

At the same time, Li is the legal representative of the charity organization.

　　Zhang Xian questioned why people who have experienced sexual harassment can still be active in the public welfare industry. She wrote and sent emails to the organization many times, but did not respond.

　　So far, the statutory procedure for the victory of the first independent case of "sexual harassment damage liability dispute" in China has been completed. According to the court's judgment, Li should apologize to Zhang Xian in person orally or in writing.

After the verdict came into effect, Li failed to perform his apology.

On December 18, the People's Court Announcement Network issued an enforcement announcement, demanding an apology from Li.

　　It is understood that Li has refused to answer the court call.

At the same time, the official website of the company where he works has often reported on Li's work activities.