The Taiwan High Court’s Taichung Branch yesterday rejected an appeal in a case of sexual assault on girls at an elementary school in Taichung, upholding a 10-year, six-month prison sentence for the defendant, a man surnamed Hung (洪).
The Taichung District Court in March found Hung guilty of sexual assault involving three girls in Grade 5 aged 10 and 11.
Hung appealed the verdict, seeking a reduced term on the grounds that the girls consented to his actions, as they had not tried to run away.
The High Court rejected Hung’s argument.
“Even if the victims did not resist or yell as the offenses were committed, it would still be a crime to force sex upon the victims as long as their free will and right to decide were suppressed,” the High Court said in its ruling.
Investigators said that Hung was hired as an assistant basketball coach at the school from 2014 to last year while he was an undergraduate university student.
One of the girls, known as Siao Ching (小晴), testified that Hung asked her to stay behind after practice, telling her she needed chiropractic adjustment of her pelvic region.
He later pulled down her underwear and groped her genitals, prosecutors said.
On separate occasions, Hung followed Siao Ching into washrooms and fondled her, prosecutors said.
Hung groped Siao Ching 17 times, penetrating her with his fingers on four occasions, prosecutors said, adding that they also charged him on 13 counts of indecent behavior.
Hung offered candy to another girl, which he fed her using his mouth, and he kissed her on one occasion, prosecutors said.
He took her to a washroom nine times, penetrating her on three occasions and groping her on the other occasions, they said.
The High Court said in its verdict that Hung used his position of authority to take advantage of the girls and it therefore denied the request for leniency.
The High Court cited the #MeToo movement, which encourages victims not to stay silent and report sexual assault or harassment.
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