Event background

The man was reported by his ex-wife for molesting his minor biological daughter. Not only did he lose his job, he was also detained and released on bail pending trial. The police finally found that the man did not commit a crime and withdrew the case. The man accused his ex-wife of false accusation and filed a case and filed a state compensation of more than 380,000 yuan to the public security organ handling the case, including 300,000 yuan for mental losses.

Woman reported her ex-husband molested her daughter, the man was detained

Mr. Xiao is a native of Loudi, Hunan. He is 40 years old this year. Before the incident, he was engaged in technology research and development in a company in Hangzhou. On the morning of April 8, 2021, Mr. Xiao was depressed and indignant when he talked about his experience of being falsely accused by his ex-wife, losing his job, being detained, and working hard to defend his rights.

In 2012, Mr. Xiao met Xiaoqi (a pseudonym), a girl from Jiangxi who was 6 years younger than him, and then entered the marriage hall. In 2015, his daughter Duoduo (a pseudonym) was born. In Mr. Xiao’s view, everything is so natural and happy. If he did not find that Xiaoqi and her company boss are very close, he has always considered himself the happiest husband and father in the world.

When Duoduo was more than one year old, Mr. Xiao discovered that his wife and the boss of the company were too close. Through follow-up investigation, Mr. Xiao confirmed his judgment. In August 2017, Mr. Xiao and Xiaoqi agreed to divorce (the agreement contains the words “The relationship between the husband and wife has indeed broken down due to the fault of the wife, and there is no possibility of reconciliation. Now the husband and wife have reached an agreement through voluntary consultation and the divorce agreement is as follows”) , The two parties agreed that Duo would be raised by Xiaoqi, and Mr. Xiao had the right to visit.

Mr. Xiao said that although the divorce agreement stipulated that Duoduo was raised by Xiaoqi, in actual life, Duoduo lived with him and his grandmother most of the time. In September 2018, Duo Duo began to go to kindergarten. Mr. Xiao has always been responsible for the education, life, and custody of the children. Xiaoqi will visit the children from time to time.

On March 22, 2020, Xiaoqi came to Hangzhou from her hometown in Jiangxi to see her daughter, and said that she wanted to take Duoduo back to her hometown for a period of time. Considering that the kindergarten did not open during the epidemic, Mr. Xiao agreed, but he did not expect the nightmare to begin.

On May 8, 2020, Xiaoqi came to the Women’s Federation in Gongshu District, Hangzhou, and claimed that Duo Duo had touched her uncle’s chest while playing with her uncle in her hometown in Jiangxi. Upon questioning, Duo Duo said that when she was with her father, her father touched her breasts and that her lower body hurts. After receiving Xiaoqi’s report, the Gongshu District Women’s Federation immediately reported it to the local procuratorate, and the procuratorate notified the local public security agency. On May 14, 2020, Mr. Xiao was taken away by the Gongshu District Bureau of Hangzhou Public Security Bureau for investigation. The next day, he was detained in criminal detention on suspicion of child molestation.

No criminal facts after 4 months of investigation, the police withdrew the case

On the day of receiving the notice of criminal detention from the public security organ, Mr. Xiao’s company immediately decided to expel Mr. Xiao. “My daughter is a sunny, cheerful, healthy and lively girl. I love her very much. How could it be possible to do something that was condemned by God?” Mr. Xiao told a reporter from China Business Daily. When his daughter started to read, he bought the “Don’t Feel free to touch me, “Don’t want to bully me” and other children’s picture books to enhance the daughter’s self-protection awareness and defense capabilities. It is difficult for Mr. Xiao to understand, why did his ex-wife falsely accuse him?

Blossoming sunshine is cute, very attractive

After being detained for 14 days, Mr. Xiao was released on bail pending trial. In order to verify his innocence, as soon as he left the detention center, Mr. Xiao contacted the kindergarten teacher and the parents of Duoduo’s classmates and asked them if they had any unusual words and deeds before. Kindergarten teachers and other children’s parents reported that Duoduo had no unusual words and deeds before. At the same time, Mr. Xiao kept reporting his experience to the relevant departments, hoping that the judicial department would conduct in-depth investigations and return his innocence.

On September 16, 2020, after more than four months of investigation, the Gongshu District Bureau of Hangzhou Public Security Bureau issued a “decision to cancel the case” to Mr. Xiao. The decision stated: As there was no criminal fact, it was decided to withdraw the case in accordance with the relevant provisions of the Criminal Procedure Law.

The police dropped the case due to no criminal facts

The counter-accusation against ex-wife was framed and the case was filed, and finally saw her daughter a year later

Although he got the decision to dismiss the case, Mr. Xiao had difficulty seeing his daughter and did not fully recover his innocence. “The criminal record on the personal file has not been erased, and several new jobs have been rejected because of this.”

Mr. Xiao said that since his daughter was taken away by his ex-wife in March 2020, he has not seen his daughter again. Compared with his own reputation, Mr. Xiao is more worried about his daughter’s physical and mental health. In Mr. Xiao’s view, his ex-wife can say black as white, but not as having. Growing up in such an environment, he is very worried about his daughter’s future. “I don’t want to cause harm to my daughter because of the contradictions of the adults. They framed me and stopped, and they framed that my daughter had a problem. It was her report, a four or five-year-old girl. If there is no adult instigation, what would she do? Will frame her father?”

Worried about greater harm to his daughter, in November 2020, Mr. Xiao pursued his daughter’s custody rights through a lawsuit. Unfortunately, the court of first instance did not support his claim. Mr. Xiao dissatisfied and has now appealed.

At the same time, Mr. Xiao sued the public security organs for false accusation of his ex-wife, and requested the public security organs to file a case for investigation, to conduct polygraph tests on many people, including him and his ex-wife, to clarify the facts, and to hold relevant personnel legally responsible. On February 4, 2021, the Gongshu District Bureau of Hangzhou Public Security Bureau filed the case and is currently investigating.

Mr. Xiao sued his ex-wife and others for false accusation and the police opened the case

On March 30, 2021, with the help of the Jiangxi Women’s Federation, the court and a number of experts, Mr. Xiao finally met his daughter in Jiangxi. “The first thing my daughter said when she saw me was, Dad, why did you want my mother to take me away?” Duo Duo told Mr. Xiao, grandpa and grandmother said that Dad was a dead father, and that his mother’s boyfriend had two sons, both better than her. Big, but he doesn’t want to say their names.

At the end of March this year, Mr. Xiao finally met his daughter

Mr. Xiao told his daughter that he still loves her as before, “I don’t blame my daughter at all. I want her to dispel all worries and let her release the pressure as much as possible, so that she can grow up happily.”

On the same day, experts unanimously analyzed through audio and video recordings that Mr. Xiao’s daughter was not molested at all; the little girl was very pitiful, depressed, with a different maturity than ordinary people, and hoped to intervene with the child as soon as possible. After watching the video, Mr. Xiao’s ex-wife neither acknowledged nor denied the expert’s opinion.

The application for national compensation was filed, and the case will open tomorrow

In order to completely recover his innocence, at the end of 2020, Mr. Xiao filed an application for state compensation with the Gongshu District Bureau of Hangzhou Public Security Bureau, requesting Gongshu District Bureau to compensate him for his wrongful detention and release on guarantee pending trial, as well as 100,000 yuan for mental losses. In addition, Mr. Xiao asked the Gongshu District Bureau to apologize to him, eliminate the impact and restore his reputation.

The Gongshu Branch of the Public Security Bureau believes that the criminal detention measures taken against Mr. Xiao are in compliance with the relevant provisions of the Criminal Procedure Law, and that the measures to be released pending trial do not fall within the scope of state compensation. Mr. Xiao’s request for compensation for mental losses, an apology, elimination of the impact, and restoration of reputation are subject to law. There is no basis, and it is decided not to compensate. Mr. Xiao was dissatisfied and filed an application for reconsideration with the Hangzhou Public Security Bureau in January 2021. The Hangzhou Public Security Bureau maintained the decision of Gongshu District Bureau not to compensate.

Mr. Xiao was still dissatisfied, and in mid-March 2021 filed a state compensation application lawsuit with the Hangzhou Intermediate People’s Court, and the Hangzhou Intermediate Court filed the case.

The case of Mr. Xiao applying for state compensation was filed by the Hangzhou Intermediate Court

In the litigation application, Mr. Xiao requested the court to confirm the fact that the Hangzhou Municipal Public Security Bureau Gongshu District Bureau had criminally detained him and was released on guaranty pending trial according to law, and to pursue the relevant personnel’s responsibility according to law; he requested the court to rule the Hangzhou Municipal Public Security Bureau Gongshu District Bureau to compensate him. This loss was more than 380,000 yuan, including 300,000 yuan for mental damage; the Gongshu District Public Security Bureau was ordered to publicly apologize to him for three consecutive days in the media above the provincial level and restore his reputation.


By zhiwo

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6 months ago

Hello everyone, I am the person involved in this incident, an ordinary dad. Let me first explain that the direct reason for my ex-wife’s framing was that in February last year, the wife of her first-loved boyfriend came to me and said that my ex-wife had destroyed her family. The ex-wife framed me after learning about it. We divorced in 2017. For this female prosecutor (wang), I really hate it in my heart. The lofty person regards himself as the incarnation of the law and misinterprets the law at will. After the case was withdrawn, I approached her for help. Why did she cruelly claim that it was my father who was sued by a child like me, but could not produce evidence to prove that when she said that this matter had no effect on my daughter at all, I really I hate it very much. Maybe she did not accept bribes, I believe, but she is using my poor daughter to protect herself. What she tramples on consumption is the credibility of the judiciary, and it is more than money to measure. Fortunately, I saw my daughter and confirmed the prosecutor’s lie in a few seconds. My daughter is so smart and depressed. She understands in her heart that it is a great comfort to me. What can be used to comfort and save my daughter. . A judicial officer who still rejected the truth in the past few months is the biggest insult to my daughter and me. At each stage, I called the prosecutor to speak to the prosecutor. The last time was in February this year. I hope to hear a little conscience. At the end, I repeatedly said that this is my daughter, not your daughter. She said that I didn’t. Said it was my daughter, all I heard was her pause, a little bit of fear, maybe the conscience comes from fear, but it won’t come after all. From the first time I saw the prosecutor in the detention center, she said that I was a man, can I carry it by myself, to the time I was set up during the bailout period, to the final withdrawal of the case, I never complained to her, nor did I accuse her. I have never scolded her aggressively in conversations because she was young. At that time, I felt that she just didn’t want to admit that she wanted to do meritorious service. She was misled, deceived, and exploited by the false accuser. Maybe it was requested by her leader (Zhang Mengchun). Maybe she will finally look back at the truth. But in the hypnosis of self-superiority, she went further and further into the darkness, closed the eyes of the truth, and would never see the world once again. After the incident, I reported it to the Hangzhou City Procuratorate, the Provincial Procuratorate, the court, and the Hangzhou Public Security Bureau many times, but did not receive a response. The false accuser was hiding my daughter, and the police and prosecutors even hinted that the false accuser was hiding my daughter. I can’t see my daughter, and the stigma has not been cleaned up. It is still difficult to find a job because of this. In order to see my daughter, I searched for a year and only recently met. I have not been treated fairly by the law since this time, so I am here to seek attention. The most important piece of evidence is the simultaneous audio and video recording of the alleged victim statement of my four-year-old daughter who was defrauded. Many times there was no response. I hope to find a foreign lawyer to help me see this evidence.

6 months ago

I am very sympathetic to Mr. Xiao’s experience, and I would like to support Mr. Xiao here. I hope that justice will only be late and that kind and innocent people can be treated kindly. I just saw the incident and what shocked me most was “You are a man, can you Can’t be carried down by one person.” This kind of deceitful words with obvious subjective personal touches will actually come from the mouth of a prosecutor, making people very speechless; they do not contain any subjective personal touches, do not carry any prejudices, yes. The minimum professionalism of an prosecutor; I hope that the prosecutor can seriously reflect on his own problems, can issue official documents to apologize sincerely, and take the initiative to bear the fault; because her injustice has ruined Mr. Xiao’s good life, now Mr. Xiao still has great difficulties in finding a job. Should she have a clear attitude? Should I try to make up for my own faults? As for Mr. Xiao’s speechless ex-wife, he sent her a word, “He who harms others harms himself,” and the prison door is always open to the wicked;

6 months ago

The news made my dad shudder as a child. When my daughter was just born, I would help my wife to wash her shit and pee together. When I was in kindergarten, I liked to kiss her chubby little face. Now my daughter occasionally likes to walk with her dad when I go out. According to this woman’s routine, it was reported that it was a pill. On the same day, experts unanimously analyzed through audio and video recordings that Mr. Xiao’s daughter was not molested at all; the little girl was very pitiful, depressed, with a different maturity than ordinary people, and hoped to intervene with the child as soon as possible. After watching the video, Mr. Xiao’s ex-wife neither acknowledged nor denied the expert’s opinion. The kindergarten, the parents, and the child themselves formed a chain of evidence, showing that the father did not molest his daughter at all. However, in fact, my father was detained, expelled and kept in the case (detention can be found), leaving behind a reputation for obscenity. Poor father didn’t actually do anything bad. The police’s handling of this method gave some unwelcome people an inspiration: the brainless report of the avenger for molesting a minor has made him go to jail, but failed to let him die. No obscenity? You prove it yourself. Just move my mouth when I report it, spread the rumors, and run off my legs to dispel the rumors. Dad has a cool head and goes through regular channels to defend his rights. I think I must speak up for him, otherwise I will be detained next time and be forced to prove his innocence. Maybe it is me who will die quickly. And even if there is a public security certificate of innocence, it is useless. This is called no-fault social death. Generally speaking, public institutions can retrieve some records online after legal authorization. Criminal detention must be included. In the future, if someone is stopped on the road to check their ID card, they may be retrieved, and they will be cross-examined. This complainant is a snake-hearted person, and there is almost no cost to harm. Finally, calm down and think about it. Prosecutors, the subject of bribery should be changed. I personally think that the possibility is extremely low, but there must be some presumptions of guilt and hasty. As @韩冰律师 said, there is a high probability that the false accusation and the police will not lose if the lawsuit is fought. Except for this vicious person at the source, no one else seems to be at any serious fault. All the hardships and consequences will be borne by this man. It’s really scary. In the end, the answer to the case where the man was falsely accused of the death of the man with strong evidence, there was no comment, and I was in a trance.

6 months ago

In the 1980s and 1990s, a large number of American children suddenly recalled “being abused and sexually assaulted in dark magic rituals.” The police sentenced a group of parents on this basis. Later, it was discovered that many false memories caused by abuse of confession techniques, psychotherapy techniques and psychotropic drugs were unjust, false, and wrong cases. How to evaluate the wife’s derailment and false accusation of her husband’s molestation of her daughter, causing her to be detained and lose her job? Freeman Weilian’s video 2875 shows more famous cases such as Gary Ramona. Gary was originally a company executive. His daughter Holly mistakenly believed that “being sexually assaulted by Gary for many years” because of the psychotherapist’s abuse of treatment technology, caused Gary to ruin and lose his job. Based on this, Gary sued the therapist, and the court ruled that Gary won the case and was awarded more than half a million dollars in compensation. Gary Ramona is a California man who successfully sued psychiatrists who he said had implanted false memories of abuse into his daughter. This was the first instance of a lawsuit against a therapist over implanted memories. It was also a first instance of a person who was not a patient bringing a malpractice suit in this field. On the left, the memory system of the suffering master Gary is defective, and it is easy to be distorted due to external inducements and other factors, and even believe in false memories. When dealing with a case, police detectives will consciously or unconsciously use many confession techniques, such as planting hints in problems, plea bargaining, and controlling the psychological environment. Witnesses and defendants can easily make statements that are not conducive to the defendant, or even believe that something has not happened, under the suggestion of the investigator and psychologists (if any). Especially if the investigator adopts a guilty inference position in advance and is eager to perform meritorious service, or the person being questioned is a group of people who are easily affected by hints such as children, it is easy to cause unjust, false and wrong cases. This is why when dealing with cases of sexual assault, child molestation, testimony and other subjective evidence that have a great influence on the outcome, we must be particularly cautious, and we must maintain a neutral and objective stance. Judging from the content of the report, it is obvious that the woman has deliberately misled her daughter into believing that she was hurt by her father for a long time. The police and the prosecutor who handled the case did not maintain neutrality when handling the case. They mistakenly accepted unreliable testimony (and may even induce girls to testify), which eventually led to unjust cases. So the state compensation is due. In addition, the framer must sit back. This is not only for the victims, but also for the fact that when we are framed, the case-handling personnel will not lose their neutrality and objectivity due to the pressure of public opinion.

6 months ago

A heavy heart! As a legal person, as an elder brother with a baby girl, this is even more so. I remembered that Danish movie, Hunting. A precocious girl made up a lie because she liked her teacher, causing the middle-aged man to become notorious in the town and was a complete failure. Compared to a middle-aged divorced old man, of course everyone believes in an immature and flawless girl. Believe in prejudice, not reason. Assuming that the male protagonist has no subjective comments, this story at least carries the possibility of witch hunting, how to destroy a middle-aged man. Putting aside specific cases and digressions, I want to say something about the law and life itself. First, students of the Fa should be sentimental, but they must not be biased. Child molestation is, of course, unbelievable and fierce. This crime is a sin that is not tolerated by the world. However, we should be more cautious and cautious when dealing with such crimes. Because of the child’s age, mind, and similar things in the past, such elders instructed the child to perjury or pretended to protect the rights and interests of the child to achieve personal goals. For example, on May 30, 2020, a Weibo that “the teacher of Guangzhou Fangyuan Experimental Primary School physically punished a student with asthma until he vomited blood was rescued” aroused widespread attention, and the incident then reversed: the mother of the student in the blood suit was forged. The Baiyun District Court of Guangzhou City conducted a public trial on the defendant Liu’s case of provocation and provocation. He sentenced Liu to one year and six months’ imprisonment for the crime of provocation and provocation, with a two-year probation. For this type of case, the first is to be cautious, and the second is the particularity. It involves the rights of minors and the protection of women. It is in this way that the yardstick of a legal person can be embodied. Mere dictation is not enough. You can be affectionate, but try to minimize prejudice and avoid preconceived ideas. This is also the reason why the goddess of law closed her eyes, ruthless law, away from prejudice. In this regard, we have many admirable and outstanding legal persons. Second, indifference is the essence of the law. In the face of sin and ugliness itself, we should indeed stick to the light of the law. We have always emphasized that the law is not merciful, but punishment is the pursuit of the law. In addition to strictness, modesty is also a characteristic of criminal law. We should not let the fight against crime be spared, nor should we expand the scope of the fight. In particular, a criminal charge is a fatal blow to a person, and the job and reputation are gone forever. Even if there is no conviction, perhaps in the end, he will bear the name of a sinner. This also makes it even more prudent to punish it. A legal person has a professional vision and a restrained benevolence. One is rigid and one is soft, and one is relaxed. Facing the bizarre world, fairness and justice is the sunshine that cares for every ordinary person. In this regard, I deliberately gave everyone a judge of Amway, and Judge Zhang under great pressure insisted that he was never guilty of acquittal. This is the best way a legal person looks. All righteous, magnanimous and fearless. Faced with the pressure of public opinion during the trial of the case, the collegiate panel has always adhered to the principle of no doubt and evidence judgment, comprehensively using evidence rules, daily experience logic, and eliminating reasonable doubts, and rigorously and thoroughly review and judge the facts and evidence of the case. The occurrence of unjust and wrong cases has been eliminated, the judicial authority has been maintained, and the innocents have finally been prevented from criminal investigation and justice can be demonstrated. As the presiding judge of the case, Judge Zhang Haibo responded calmly, grasped prudently, and adhered to the standard of evidence, demonstrating the professionalism of adhering to principles and daring to assume responsibility, excellent judicial quality and first-class court trial control ability. The collegiate panel’s trial of the case was a fair ruling based on a rigorous evidence system and a successful example under the guidance of the laws of criminal procedure. It fully embodies the concept of human rights protection and the concept of procedural justice. The reform of the criminal procedure system is of great guiding significance. (The above is from the Zunyi trial)

6 months ago

The role of the Women’s Federation is worth thinking about. Picture 2 is a video. In the video, the court member said: Your case cannot affect the relationship between our court and the Women’s Federation. This husband is undoubtedly sad, because even if he succeeds in proving that he has been falsely accused, in the process of proving that he did not molest his daughter, he has already been labelled as molesting daughter by people around him, and under the influence of Confucian culture in China, The destructiveness of this label can be said to be huge and will accompany him throughout his life. In this age of entertainment to death, no one cares about the result. People will only indulge in the pleasure brought by the ethical problems of others who gossip. When he repeatedly calls out: “I don’t molest a daughter, I don’t molest a daughter”, He is permanently connected with the word “daughter molestation”. In the foreseeable future, when people around him mention him, he will subconsciously say: Oh, is it the man who molested his daughter?

6 months ago

This is how many homeless people in the United States come. If a woman wants to ruin you and occupy your property, she just needs to call the police, falsely report marital rape or domestic violence, and get herself a little bit injured. The man guessed that he was detained by the police at home without knowing what was going on. Then the divorce court sentenced the house to the woman, and the man had to pay support after he got out of jail. The cost of the woman is 0. I saw the personal experience of a buddy talking with tears and snot on Quora. His ex-wife cheated and faced a confrontation. As a result, her ex-wife beat him and reported that the man was violent. The police stopped him when the police came to his house, but he was very powerful and ran out. As a result, his ex-wife called and lied to him, and if he misunderstood, he went back stupidly, and was handcuffed by the ambush police once he went back. No matter how he explained it, it was useless. Even his lawyer made him plead guilty…. In the end, the house was gone, and he squatted for 2 years in jail. After he came out, he worked illegally and stayed on the street. His parents didn’t want him. Later, I got a dilapidated van, and I had forgotten how long I lived in the car for a year. Finally, I found a low-level job, and there is also a place to live. He saved money for an appeal. I don’t know the ending. Think about it, a good honest man has been destroyed in the hands of a woman in his entire life. The most frightening thing is that this situation is basically unsolvable. Unless very rich. It is much less risky than killing the whole family. If it becomes popular in China, this will be a big trouble. Once they know that there is such a highly operable and minimally risky method, you have to say that few women who ask for high-priced gifts and wedding rooms want to try it. I don’t believe it.

6 months ago

In fact, this is not only a legal issue, but also a philosophical issue. That is: How many people believe in their hearts that “no conviction can be made without trial”? Friends who know you can ask yourself, how many news are filled with “heavy judgment” speeches as soon as they are on Zhihu? It does not mean that the heavy sentence is wrong, but that the judgment should be based on the facts ascertained by the court, and the position of friends in discussing such issues should be based on the perspective of pre-sentencing the court’s sentencing, rather than treating yourself as a judge. But in fact, most people in the face of social news often convict the person concerned as soon as there are rumors or rumors. In the final analysis, it is because he really feels that he must be guilty when he sees news describing the person in this way. In this case, the company that expelled the party involved was the same. The expulsion decision was made on the day the employee was detained. To put it bluntly, there were two reasons. First, the company may have a system to expel employees who violate the law or crime, but the company directly equates “criminal detention” with “crime.” Second, since many people have already identified the person as a criminal at the moment he was detained, the company must also consider the social impact at this point in time. I once took an “Introduction to Mass Communication” course in my undergraduate course. At that time, the professor gave us an example. Suddenly, a newspaper published an investigation report in one star journal, the content of which was whether a certain star participated in gambling. During this week, the newspaper first used a lot of details to describe the negative rumors about the star in the society, which aroused heated discussion in the society. As for a week later, the newspaper concluded at the end of the investigation report that the star did not participate in the gambling, but not many readers really cared. Sometimes when I think about it, this is the same as this case.

6 months ago

This is actually a terrifying case but the threshold is not so high. Please imagine, if your significant other accuses you of sexually assaulting your children (especially for the father) because of contradictions, does the accused party have the power to fight back? This kind of case, like the previous bumper case, if the cost of scamming people and destroying people is so low, and the investigation of the case cannot return a person’s complete innocence (social losses are minimized), how about such a society? Give people enough sense of security? How can the villains be effectively deterred? In short, I hope that the framed party can get truly effective and appropriate compensation. This compensation needs to be enough to regain his confidence and hope in society and life; I hope to bring evil people to justice, even if it is so difficult to achieve.

6 months ago

My understanding of human nature has led me to have a great prejudice against women’s rights and women’s federations.
That is,
They will not really help those in need, or say that they are not true women’s rights, but will see if this matter will bring them benefits or expand their influence.
They are the spokespersons of capital.

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