A young couple who were caught on video allegedly engaging in oral sex on a Kaohsiung Mass Rapid Transit (KMRT) train were relieved to have the case dismissed by prosecutors on Tuesday.
The Kaohsiung District Prosecutors’ Office said it had decided not to prosecute because the male university student said he suffers from Asperger syndrome, a disorder which leads him at times to have uncontrolled sexual urges and disturbed emotions.
The young man, surnamed Huang (黃), said he acted on a spur of the moment impulse when in April he asked a friend, a high-school student surnamed Lin (林), to perform oral sex on him.
Huang said that he had a jacket covering Lin to avoid attracting the attention of other passengers and did not intend for the act to be for public display.
Prosecutors accepted Huang’s explanation and dismissed the case.
The incident drew widespread media attention and went viral on the Internet, because a Hong Kong tourist saw what was happening and filmed the couple in action, then posted the video on YouTube.
The video became a hot item with a wide circulation in other countries within a few days as netizens enthusiastically debated the incident.
In the judicial citation, police said the couple was on the KMRT’s Red Line at about 5:30pm on April 20. Huang used his jacket to cover the lower part of his body, then he undid the zipper on his trousers to allow Lin to fondle him. Lin then lowered her head and performed fellatio on Huang until the train arrived at Gangshan South Station.
The citation said that at about 6:34pm the couple took the return journey on the Red Line to Kaohsiung International Airport Station, whereupon Huang had Lin perform oral sex on him a second time.
Huang said in his statement to police that something triggered a sexual fantasy in his mind and resulted in him having an erection, so he asked Lin to engage in the sex act, under the cover of the jacket to prevent others seeing what was happening.
Lin said there were only about six or seven other passengers in the carriage and when she was performing fellatio the couple checked whether other people were watching. Both insisted they had not committed any criminal act.
After examining the video, prosecutors concurred that the incident was not premeditated and that Huang had used a jacket to cover Lin and prevent a full public display.
Prosecutors also said that although Huang showed signs of sexual arousal, he did not overreact and draw the attention of the other passengers and therefore it could not be deemed an act of public indecency, so they had decided not to prosecute.