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.