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The First Virginity Right Violation Judgment in Shanghai

(2014-09-18 13:04:06)
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virginityright

The day before yesterday, various websites issued reports or reproduced the reports from the other web sites about the first virginity right violation case in Shanghai and the judgment which also causes hot debates online and off line.

As a matter of fact, if you have a rough online search, you may find it is not the first reported virginity right violation case in China. The first virginity right violation case took place in 2000.  In that case, the plaintiff’s claim for compensation of mental damage due to the violation of virginity right is not supported even it has caused one time hot debate.  On January 21st, 2013, the judgment of the first violation of sex right case in Beijing was pronounced, the defendant is liable to compensate the plaintiff in the amount of ¥150,000. This case, even if in favor of the plaintiff, does not cause too much attention from the society.

(From http://www.chinanews.com/fz/2013/01-22/4507725.shtml).

In the first virginity right violation case in Shanghai, the Plaintiff is granted a writing apology, which will be prepared by the Defendant with the content to be reviewed by the society and the amount of ¥30,000 yuan RMB compensation. The compensation is not much but the case has profound significance which can be proved by the enthusiasm the society has given to the case: love cheater for sex finally gets punished by law.

Case brief: (From http://www.chinanews.com/fz/2014/09-16/6597577.shtml)

In 2000, Miss Chen, at the age of 30, got to know Mr Li from the Jiayuan, a well known Chinese online dating website and the following years, the two are only casual friends. From September, 2013, the two starts dating and the feelings between the two are intensified. Mr Li uses various romantic approaches to chase Miss Chen, which makes her believe that Mr Li is single with no one to take care of him. Soon after, Mr Li invited Miss Chen to Singapore for an on the spot investigation so as to get Miss Chen acquainted in advance with his business, as per Mr Li. During their stay in Singapore, the two had sex and Mr Li promises to give Miss Chen an earthshaking proposal. The two had lots of sexual intercourses.

From December, 2013, relationship between Miss Chen and Mr Li starts estranged and Mr Li expressed his decision to terminate the relation between the two. From February 3nd, Miss Chen, after continuous failure to reach Mr Li, broke into his house in Pu Dong area and happened to see Mr Li and his wife’s return from their vacation in Sri Lanka. Later, the wife to Mr Li told her that Li and she got married as early as January, 2013 and Li had a divorce before the marriage. Only by that time did Miss Chen came to realize what really took place. On March 26th, 2014, Chen, who was deeply hurt in her own feeling, filed a lawsuit at Pu Dongxin District Cout by the reason that Mr Li has violated her virginity and health right by cheating, demanding a written apology from Mr Li, the compensation in the amount of ¥500,000 for mental loss and 1540.60 yuan RMB compensation for the medical expense for her gynecological disease.

The court believes virginity right refers to the good moral conduct for the sexual purity of both male and female, which mainly is about the inviolability of sex to make it possible for the party to keep the purity of sex. The right of virginity is an independent right of personality which contains the freedom of sex, the safety of sex ad the purity of sex and shall be protected under law. In this case, the defendant seduces the plaintiff to have sex with him by hiding the marriage fact and has close contact with plaintiff with the marriage purpose, which obviously violates plaintiff’s right of virginity. The plaintiff’s claim for an apology by defendant and the compensation for mental loss is compliance with law and shall be supported. However, the plaintiff’s claim for compensation for mental loss in the amount of $500,000 is too high and it is decided by the court based on the merits of the case that such an amount shall be adjusted to ¥30,000.

This is a good result but the process to identify the virginity right violation is hardly satisfying. It sends strong signal to those who want casual sex only but no responsibility that price has to be paid for their cheating for sex in the name of love. It also sends strong signal to those married that price has to be paid for extra marital affairs. The case is especially important when the society is full of online dating websites without little channel to verify the truthfulness of information posted. The question is what is virginity right? The sex is consensual even if the two parties may have different purpose of sex, so where comes the violation of virginity right?  What is the damage that has been caused to the Plaintiff as she seems to be in good health with good spirits with no evidence to support her mental loss like suffering from depression and etc? Another concern is that this may opens the door for the little three (mistress) to file lawsuit against the husband who fails to get a divorce from the wife by the name of being cheated for sex relationship. My last concern is that the case may send a mixture signal to the society that hurt feeling equals mental loss thus the flood gate will be opened.
No matter how many problems exist in law or in the judgment, it is a step forward! So go away, love cheaters!

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