The Supreme Court on Monday upheld an earlier court ruling, sentencing a man to four years in prison for raping a female model.
The suspect, a 29-year-old photographer surnamed Chuang (莊), was accused of raping the model, known only by her nickname, Hsiao-chien (小倩), on Oct. 9, 2016, after hiring her for a photoshoot for NT$18,000, which he paid in advance, the Supreme Court said in its ruling.
Chuang made inappropriate advances and raped her, and demanded that she continue with the photoshoot afterward, Hsiao-chien said, according to court records.
She said that she finished the shoot thinking Chuang would allow her to leave, but he was apparently unhappy with her modeling, the court said.
The two exchanged several text messages after the incident, with Hsiao-chien saying that she was traumatized, and Chuang apologizing and saying that he was caught up in the moment, it said.
Hsiao-chien in 2017 filed a lawsuit against Chuang and the first appellate court sentenced him to four years in prison.
Chuang appealed the ruling, saying that they had consensual sex and he had paid Hsiao-chien for her services, and questioned her motives for coming forward a year after the incident.
The second appellate court upheld the ruling, citing testimony from Hsiao-chien’s boyfriend, who said that she often woke up from nightmares caused by the incident, was seeing a psychologist and was afraid of accepting new modeling jobs.
The court said the plaintiff showed signs of psychological trauma during questioning and her account of the incident had not changed since the previous trial.
The court also examined 15 photographs taken after the incident, which it said showed that Hsiao-chien’s performance did not live up to the standards of her previous works, lending credence to her statement that she had been forced to endure the photoshoot against her will.
A model known as Jaqueline gave tips to models on how to choose modeling jobs.
Models should only accept jobs referred to them by trusted sources, such as friends and family, instead of accepting jobs advertised online, regardless of how tempting the pay might be, she said.
The details of the shoot, including the location, the type of clothing to be worn and the level of nudity, if any, must be decided beforehand, Jaqueline said, adding that scenic shoots are safer than photoshoots conducted in hotel rooms.
Models should take friends or family members with them to indoor photoshoots to err on the side of caution, she said.
Jaqueline said that she always confirms the details of the shoot with the photographer and tries to comply with their requests, but uses her judgement when faced with odd requests.
Jaqueline suggested that models carry pepper spray or a Taser for personal safety, adding that they could ask the photographer to sign a contract to clarify whether that the photographs could be used by others or for commercial purposes.
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