Woman pushes down and sexually harassed man, causing her death not to be held


　　responsible

　　□ Our reporter Ma Yan

　　□ Yuquan, Qinfan District, correspondent of this newspaper

　　The case of a woman in Guangxi who pushed down a man who sexually harassed a man and caused him to die has been recognized as a self-defense case that has attracted widespread attention in the society.

The "Rule of Law Daily" reporter recently contacted the Intermediate People's Court of Laibin City, Guangxi Zhuang Autonomous Region and learned that the court found that the woman Pan pushed away the sexually harassed man out of instinct to protect her physical rights from infringement. Intentional, the behavior does not exceed the necessary limit, and does not constitute excessive defense.

　　According to the judgment, Wang and Pan were from the same village. At 22:00 on May 27, 2020, Pan and Wang walked home together after they came out of a friend's house after drinking.

On the way, Wang forcibly hugged and kissed Pan several times while drunk, during which Pan resisted and pushed Wang away with his hands.

　　When the two walked to one place, Wang forced Pan again and was pushed away by Pan.

After Wang was pushed away, he fell on his back and fell to the ground, unconscious.

Later, Pan called someone to come to the scene, and Wang was sent to Luoxiu Town Health Center for treatment, and then transferred to Xiangzhou County People's Hospital for treatment due to serious injuries.

　　On June 4, 2020, Wang's daughter went to the Luoxiu police station of Xiangzhou County Public Security Bureau to report the case, and Pan surrendered to the Luoxiu police station.

On June 9, Wang died due to ineffective rescue.

After identification, Wang fell to the ground on the headrest, resulting in severe craniocerebral injury and death.

On August 10, the Xiangzhou County Public Security Bureau transferred Pan to the Xiangzhou County People's Procuratorate for review and prosecution for the crime of causing death through negligence.

　　On September 16, the People's Procuratorate of Xiangzhou County issued a decision not to prosecute, saying that when Pan was indecently assaulted by Wang, he pushed Wang away out of instinct and caused him to fall and die. The consequences were caused by reasons that Pan could not foresee at the time. According to Article 16 of the Criminal Law of the People's Republic of China, Pan's behavior was not a crime, and it was decided not to prosecute Pan.

　　On November 19, 2021, the Xiangzhou County People's Court made a judgment on civil compensation in the case, holding that Wang, as a person with full civil capacity, should be responsible for his own behavior. He forcibly harassed Pan when he was drunk. According to the specific circumstances of the behavior, it is normal for Pan to push Wang away out of instinct.

The consequences of Wang’s fall leading to severe craniocerebral injury and death are beyond the scope of normal people’s cognition. It is contrary to common sense and there is no legal regulation to demand that Pan’s actions bear a high duty of care for the unforeseen consequences. Exceeding the necessary limit is a legitimate defense and should not bear civil liability in accordance with the law, so the family's claim of more than 870,000 yuan in compensation is not supported.

　　According to the host judge, the family of the deceased did not respond after receiving the verdict, and the first-instance verdict took legal effect.