Clear evidence of adultery can't win a conviction in Taiwan!

[quote=“China Post on 01-07-2010”]Woman found innocent of adultery; evidence illegal

TAICHUNG, Taiwan – The Taichung District Court yesterday found a woman innocent of adultery, because the evidence was obtained illegally.

Liao Jung-hui, 26, videotaped his sexual intercourse with Hung Yi-hsin, 33, in 2008.

Liao’s wife found the videos and flirtatious text messages when she checked his cell phone.

The wife sued Liao and Hung for adultery, but later rescinded the legal action against her husband.

The prosecutors presumed the videos were taken under both people’s consent and indicted Liao and Hung, but Hung later denied the affair with Liao in court.

The court held an inquiry and found Liao covering her face in the video, telling Liao “not to photograph her,” said the verdict.

The district court recognized that the videos were taken without Hung’s consent and denied the competency of the evidence.

The verdict explained that persons who illegally bug or photograph someone else could face three years imprisonment, and persons committing adultery may be sentenced to up to one year in prison.

The court would not judge the case with lighter criminal punishment based on illegally obtained evidence and a harder crime.

I’m shocked! Shocked I tell you to find adultery here!

Why is this temped? I think it may have more to do with the story and be a variation of “out jumps the fairy” when the wife realized that she could get money from blackmail on this if she kept her husband out of jail. I also would like to know more about the adulteress’s family and wonder if a bribe was paid to the judge or he was influenced.

:ohreally: Idjits.

[quote=“Okami”]Why is this temped?[/quote]I tempted it myself with a little self-moderating. I didn’t know if anyone would really be interested in discussing this story or the adultery law in Taiwan beyond a “temp designated shelf life”. If it catches fire, real moderators could move it somewhere more appropriate.

There are some very interesting aspects about this story and the laws regarding adultery in Taiwan.

  1. The adultery law is flawed and unfair and allows for selective prosecution. In most cases, the aggrieved party can decide who gets prosecuted and who doesn’t. In almost all cases, it’s the “other woman” who faces prosecution for the adultery and not the husband. It almost excuses the behavior of a man and puts the blame squarely on the shoulders of a “temptress” woman. In order for this law to fair, once a complaint of adultery is made, both parties involved should be prosecuted and punished equally. In this case, the wife decided to drop the suit against her husband and only requested prosecution of the other woman. “If it wasn’t for her, my husband wouldn’t have strayed!” Yeah, right!

  2. Clear evidence of adultery, a video, was not enough to win a conviction. The fact that the video was not authorized by one of the participants in the video is irrelevant. Evidence is evidence and it clearly proved an adulterous affair. However, if the evidence was found to be tainted per the doctorine of “The Fruit from the poison tree” (meaning any evidence obtained illegally), the evidence would have to have been suppressed and rendered inadmissible in a court of law. Without the key evidence, the case should have been dropped and shouldn’t have even made it to trial. Therefore, no video, no evidence, no conviction unless both parties confessed to the crime. It is incorrect to make a legal proclamation that the accused is found innocent of adultery because although they had sex in the video and it was proven, she didn’t give her permission to be filmed! Outrageous!

  3. The investigation of one alleged crime uncovers evidence that could lead to additional criminal charges, but are ignored. So, this case is only about adultery and any uncovering of additional evidence regarding illegal wiretapping, or theft, or illegally obtained evidence and the Taiwanese Court is going to do nothing about it? What if in addition to the adulterous sex video there were two more videos showing criminal activity like showing people operating an illegal drug lab, or cutting up and disposing a corpse of a murdered person? Would the Taiwanese Court do anything about it at all? “Nevermind, this isn’t adultery so we’ll let it slide!”

Other ridiculous stories of adultery in Taiwan come to mind.

Anybody remember the two judges who committed adultery together and had a baby? Their attorney spouses sued them both for adultery. During the trial it was proved that the two judges were in love with each other, had sex, gotten pregnant, had a baby together (proven by DNA). They were both found innocent of adultery! How you say? Because they said that although they were in love with each other and had been in love with each other for quite some time, they never had an inappropriate relationship…in Taiwan. They both attended a two week law conference in America and that is when their only sexual encounter occured and they became pregnant from this two week period outside of Taiwan! They had an obstetrician expert witness who testified in court that the only time they could have gotten pregnant was during this two week period in America! Case dismissed! Want to break Taiwanese law, commit your crime off island!

Taiwan lawmaker Cheng Yu-chen publicly hooked up with a former well known actress named Sophie Wang who was his “personal aide”. Without first divorcing his wife, Cheng ditched his wife in the summer of 2002, and eloped with Wang and married her in Vegas in one of the most scandalous extra-marital affairs in Taiwan’s political history. So, when he returned to Taiwan he had two wives! He was also absent from the Legislative Yuan from summer through November. Let’s see what we have here. Adultery, bigamy, violation of office, violation of public trust. What happened to him? Nothing. No charges of any kind were brought against him. Wife forgave him, family forgave him and he’s still rattling around somewhere.

Infamous Chu Mei-Fong, former director of Hsinchu City’s cultural affairs bureau, and the X-rated VCD back in 2001. Yes, I have one, too. She was caught on video having sex with a married man. No charges were ever levied against her and the wife of the married man never filed charges against her or her husband for the proven adulterous affair. It seems that a former jealous lover asked a friend of Chu named Kuo Yu-ling to set up a hidden spy cameras in her bedroom, office, and car to record her screwing around behind his back although they were already broken up. What a serious stalker ass-hat! At least six video tapes containing footage of sexual encounters with Chu Mei-fong and almost a dozen well-known political and business figures had been filmed. Talk about screwing her way to the top! The former boyfriend and the one behind ordering the filming was none other than former Hsinchu Mayor Tsai Jen-chien. In the end, Chu Mei-Fong was considered the victim of illegal videoing, was considered a hero in Singapore and actually went there and gave a music concert where she pocketed $80,000 USD for her troubles. Her ex-boyfriend, Tsai Jen-chien, who was behind the whole video stalking scandle was let off without so much as a hand-slap as Chu publicly forgave him. However, the woman who placed the $200,000 NTD worth of spy camera and recording equipment was fined and sent to prison! How’s that for justice!?!?! Chu Mei-Fong recently returned to Taiwan after a long self-imposed exile in China. Guess what she’s doing now? You guessed it! She’s working as a personal aide to a lawmaker of the Legislative Yuan. Guess it’s time to screw herself to the top again! :roflmao:


In light of the above (very informative) post, I suggest you refrain from self-moderating yourself in future, Mr Surfer. As moderator of the Temp forum, I hereby ban you from posting in my domain again.

I hear and obey! :bow:

I’d have to say it all depends on who you are and how good your attorney is, I might also add that bribes may play a part as well.

I also know of the infamous “I did it outside of Taiwan” defense for drugs, but I didn’t knwo they had used it for adultery.

I have the Chu Meifong VCD too. :blush: :lick:

They usually seem to bust drug labs in Ilan of all places, the last 2 times I saw of drug lab busts in Taiwan. I seriously doubt you would get busted or caught for actually making drugs by the factory smell. I’d assume you were ratted out.

This is Taiwan and considering what it takes to become a judge here and the general incompetence form the govt, not much of this surprises me so much as amuses me. Please keep this stuff out fo the temp forum next time.

Sorry, Jimi. I have to post again.

So, based on this newstory and subsequent court ruling, I submit the following, “What if…?”

What if you suspect that your spouse is cheating on you and carrying on an illicit affair in the marriage bed while you’re out working or while away on a business trip. You decide to install secret video and sound recording devices in your own home to get the evidence against your spouse. You come home from work, check the video and there it is, incontrovertible evidence of adultery. Open and shut, cut and dried, slam dunk case? NOT!

All your spouse has to say is that although it is them having sex in the video in question, it wasn’t recorded with their explicit permission and therefore they are innocent of committing the criminal offense of adultery due to the argument of “illegally obtained evidence”. In fact, your spouse could probably turn around and file wiretapping charges against you and instead of your spouse facing a one-year sentence for adultery, you could be facing a three-year sentence for illegal wiretapping. If you’re a foreigner, you’d also be faced with deportation upon completion of your jail sentence! :loco: How about that!?!?

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I have to say the basic thing is if you are a foreigner and live in Taiwan with your Taiwanese spouse and your spouse decides to burn you, then you are burnt. The simple fact is that no one is going to help you.

What if it were me:
I’d tape it, slowly get everything out of Taiwan I wanted and then put it up on a website and have the website plastered all over Taiwan with her personal details.

I like where your head’s at! :bravo:

Juts make sure you get yourself out of Taiwan before you do that. You could face criminal charge for that and you could be flagged at customs and unable to leave the country indefinitely. I’ve had my fair share of dealings with “businessmen” stranded on this rock. Trust me, you’d better get off the island before criminal charges are pressed against you.

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A friend of an acquaintance of mine is facing jail time for adultery. Her story goes something like this:

Girl meets guy, hits it off, starts a relationship with guy. Great sex occurs and is videotaped. Guy’s wife appears out of absolutely nowhere and starts screaming blue murder. Wife forgives slimy asshole husband but insists on taking girl to court for adultery using videotape as evidence. Girl needs to pay insane amount of money or face jail time.

I wouldn’t be surprised if the husband and wife team have tried this before and I wouldn’t be surprised if there are MANY such “couples” playing this game in Taiwan. It seems like it might be easier than getting a job for some of these scumbags. Taiwan’s laws on adultery are ridiculous.

How ironic that less than 24 hours after starting this thread we have another case of adultery that couldn’t win a conviction! Why? Because the proven adultery was committed off island in Japan! This law needs to be stricken off the books! :no-no:

As much fun as this thread is, why isn’t the title “Illegally obtained evidence not sufficient for conviction in Taiwan”?

I think because if it was something big like a murder, drug lab, or internationally embarrassing; then the whole “illegally obtained evidence” schtick would be thrown out the window. That’s just my thought on it.

Because I wanted to discuss and hear other people’s opinions regarding the adultery law and how it is very common to threaten someone with being charged with adultery, but the law doesn’t seem to have any teeth in practice.

A friend of mine was recently threatened with an adultery lawsuit by his wife and she had no evidence whatsoever. She unbelievably managed to push the case all the way until it got in front of a judge who without any evidence presented was forced to ask my friend directly if he committed adultery. He said, “No!”, and the judge found him innocent! WTF!?! How can prosecutors even present a case of this nature without any evidence of wrong doing? He shouldn’t have even been charged and/or been required to appear in court to answer the speculative charges.

It appears that the adultery law is primarily utilized as a tool of humiliation in order to get people to capitulate into paying large sums of money in order to avoid public embarrassment. It needs to be stricken from the law books. It’s a time and money wasting witch hunt.

Because some mods on ‘mosa’ can’t read … they try to figure out on the length and shape of words what most likely has been written … :ohreally:

I agree with all of that.
And I’m glad that illegally obtained evidence isn’t admissable.
Though if it were, I know how I would put it to very good use in a different context.

And here we go again!

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TAiwan has gone all light on murders and all that. With US educated people like Ma around they are all going like “what will they do in the USA?” Then they may or may not follow US dictums and practices. Depends on how MaFan it may be.

The thing about illegal sex and a husband or wife appearing is old as the hills. The thing about the wife busting in on her husband and a GF in the GF’s premises with detectives should be illegal. BEcause people shouldnt be allowed to bust in to others premises. Only the police with court approval should be allowed to do that.

The thing about the husband being forgiven and the female being charged by the wife is ridiculous. Both are guilty. Both must face punishment if there is to be any.

Basically adultery happens so often in Taiwan. Just let her or him go is the best way.

Lastly. Is the chu mei fong vcd really that good? I thought she was kinda cute at one time. Someone send me a copy?? :slight_smile:

Oh, and yes TAiwan doesnt like to rule over “crimes” that took place overseas. They dont want to bother .And dont want to budget sending over police and other personnel on “R and R trips abroad” (especially where those missions may lead to other problems).

p.s. why the hell do so many women allow themselves to be videotaped during sex?? This they should only do with someone they implicitly and explicitly trust.