Convicted Pedophile and Child Rapist Goes Free

Why does the race or nationality of the victim and perpetrator have such an effect on sentencing?

[quote] During the investigation that followed, Yang admitted he had filmed them on his previous brief visit to China. Between March 10 and 15, 2004, he told investigators, he had sex with 11 girls, all of them below 16 years of age, and had all the bed scenes shot to make the master discs. Four of the Chinese juvenile prostitutes were less than 14 years old. He paid 200 RMB (renminbi – Chinese dollars) for each two hours he spent with them at his hotel at Dongguan near Guanzhou, opposite Hong Kong. Investigators even saw him all but rape a 12-year-old on the video. They heard her scream in agony while trying to resist the assailant.

With more than enough evidence to convict Yang, a Panchiao district prosecutor indicted him at the beginning of this year. But the prosecutor, citing “extenuating circumstances” to extending leniency, demanded a sentence of two years, which would be suspended for five years. A district court judge complied on April 17. The case was closed. Chang is free. If he commits no crime in the next five years, he will have no criminal record. [/quote]
chinapost.com.tw/editorial/d … i&id=80977

[quote=“the editorial”]One extenuating circumstance not cited, however, must be the fact that the crime was committed in China and the victims were Chinese. Had the crime taken place in Taiwan, would the prosecutor and the judge have dared to let Chang off the hook with practically no punishment? Or were they just trying to be politically correct to go along with the undeclared hate-China policy of the government?
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I don’t see how the paper concluded that.

I disagree with the leniency shown… but, its far more likely, IMO, that the “extenuating circumstance” is the fact that the girls were all prostitutes.

I’m not saying that rape of prostitutes is in any way acceptable… I’m just trying to understand what the judge might have been thinking.

[quote=“Eric W. Lier”]Why does the race or nationality of the victim and perpetrator have such an effect on sentencing?

[quote] During the investigation that followed, Yang admitted he had filmed them on his previous brief visit to China. Between March 10 and 15, 2004, he told investigators, he had sex with 11 girls, all of them below 16 years of age, and had all the bed scenes shot to make the master discs. Four of the Chinese juvenile prostitutes were less than 14 years old. He paid 200 RMB (renminbi – Chinese dollars) for each two hours he spent with them at his hotel at Dongguan near Guanzhou, opposite Hong Kong. Investigators even saw him all but rape a 12-year-old on the video. They heard her scream in agony while trying to resist the assailant.

With more than enough evidence to convict Yang, a Panchiao (Banqiao) district prosecutor indicted him at the beginning of this year. But the prosecutor, citing “extenuating circumstances” to extending leniency, demanded a sentence of two years, which would be suspended for five years. A district court judge complied on April 17. The case was closed. Chang is free. If he commits no crime in the next five years, he will have no criminal record. [/quote]
chinapost.com.tw/editorial/d … i&id=80977[/quote]

I personally think the bastard should be castrated…However, maybe the government thinks that if it cracks down too heavily on all the overseas businessmen and government officials involved in sex tourism, including, but not limited to underage hookers, there would be nobody left to govern or pay taxes.

It is just sick and disturbing. They were children! Even if they were prostitutes, it is highly likely they were as such against their will. That is one thing about South East Asia and some other parts of the world that disturbs me, child slavery and prostitution :noway:

He should have received a much more harsh punishment if guilty IMHO.

Jurisdiction is another valid issue in this case, actually.

Nope.

Many nations have laws that allow them to prosecute and convict their own citizens for sexual crimes committed against foreign nationals in foreign lands. The court in this case obviously exercised its proper in personum jurisdiction.

A little difficult to follow the logic here. What difference does it make if the girls were prostitutes?

I have to agree. I do’t think child prostitution should be treated any differently than child molestation.

And the people who put those girls into that situation should also come up on charges.

What kind of sick fuck would not only do this, but then videotape it, presumably for later viewings? He should be more than castrated. He should have a tattoo put in his forehead of what a depraved sicko he is in the top ten most spoken languages (with Chinese being tattooed twice - once in simplified and once in traditional characters).

What he should be required to do is face his victims and their families and with the help of a moderator (and a body guard probably) work out with them the sort of compensation that would be deemed adequate. A written transcript of the proceedings, with name changes, should be made public as a deterent to other such offenders.

The “she” was a prostitute defense is essentially the same as saying that the rich can rape the poor. Or does anyone imagine that 12 year old girls go into prostitution of their own volition?

Just kill him and get it over with. Pedophiles can never, ever be cured. There’s only one solution. Well, two solutions. Life imprisonment is acceptable. As long as children are protected. That’s more important than the pedophile’s human rights. I’m usually a pretty liberal guy but pedophilia is an exception. If the pedophile is released from prison and one more child is victimized, that’s too high a price to pay. Kill him first and that won’t be a problem ever again. Pedophiles can never be reformed. Remember that.

I wonder about his donation to the DA.

I wonder about his donation to the DA.[/quote]

The DA and Judicial Retirement Fund was surely a major beneficiary of this man’s largess.

You can almost hear the mutterings in the hallowed halls of justice “What? It’s illegal to rape underage Chinese prostitutes?!! Shit! Ahem. Yes, well, I knew that of course. Cough. Excuse me, I have to er, make a phone call…”

It doesn’t make any difference to me… that’s why I stated that I disagree with the leniency shown the defendant.

I was remarking only that I believe the conclusion reached by the editor in the CT was unlikely… the editor stated that the reason the judge was lenient was likely due to the fact that the victims were Chinese… I find that an unlikely reason… seems more likely to me that the court probably believed that because the victims were prostitutes, the crime was not so horrible… I mean, a year or so ago the Taiwan Supreme Court decided that a middle aged man who embraced and kissed a teen girl working in a 7-11 store did nothing wrong, despite the fact that the girl protested the man’s actions.

What I am saying is that I believe the court’s decision was based more on sexist notions than on nationalistic notions.

[quote=“Tigerman”]I mean, a year or so ago the Taiwan Supreme Court decided that a middle aged man who embraced and kissed a teen girl working in a 7-11 store did nothing wrong, despite the fact that the girl protested the man’s actions.
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That doesn’t suprise me in the least. After all, one of the justices on that case later thought nothing was wrong with entering a love motel with a woman other than his wife, with using his legal position to lobby on her behalf, and with lying to the press.

Unbelievable!

On what basis??

Oh, ye of little faith… :wink:

[quote][url=http://www.taipeitimes.com/News/taiwan/archives/2002/09/19/168620]Debate on whether kissing a stranger’s cheeks without consent is a crime or merely a sign of affection continued yesterday at a public hearing in the legislature on the Supreme Court’s decision to decline a sexual harassment suit.

The case stems from an incident at a convenience store on Feb. 9, 2000. The 15-year-old clerk at the store accused Fang Yung-hsiang (方永享), then 44, of holding her back and kissing her on the cheeks for approximately two minutes without her consent.

The youth cried out for help and her colleague came out from the store’s storage room.

Fang then released the girl and ran away, but his behavior was recorded by the store’s video security system.

Both the Taoyuan District Court and, on appeal, the Taiwan High Court ruled that Fang was not guilty of sexual harassment.

The Taoyuan judge’s ruling said that "kissing on the cheeks is an international custom rather than sexual harassment."

The Supreme Court ruled last Friday against State Prosecutor-General Lu Jen-fa’s (盧仁發) motion to appeal.

PFP Legislator Chin Huei-chu (秦慧珠) said yesterday at the hearing that the definition of “harassment” in the Criminal Code should be changed.

“In this case, the Taoyuan judge believed that kissing on the cheeks is a friendly gesture in the Western world. However, what if one feels like a victim during the kissing? Doesn’t this person have a right to say no?” Chin said.

Prosecutor Wang Jiunn-li (王俊力) and lawyer Chang Chu-fang (張菊芳) echoed Chin’s remark.

“After the latest amendment to the Criminal Code in 1999, the definition of sexual harassment became whether the defendant’s behavior toward the plaintiff could inspire the defendant’s sexual desires. If yes, sexual harassment exists,” Chang said.

The Supreme Court held a press conference on Tuesday and explained that it never said that “kissing on the cheeks is an international custom rather than sexual harassment” in declining Lu’s appeal.

Supreme Court Judge Chang Hsin-hsiung (張信雄) said that the court simply rejected Lu’s request to hear the case.

“Many people misunderstood that the court didn’t find Fang guilty because judges believed `kissing on the cheeks is an international custom.’ However, other than the judge on the first trial, judges for the second trial never said that was the case,” Chang Hsin-hsiung said.

Josephine Ho (何春蕤), an adviser to the Gender Sexuality Rights Association and a professor at National Central University, said that the media didn’t make their stories on the case clear.

“Did you notice that all the stories just said that the man kissed the girl' instead of clearly saying that he kissed the girl on the cheeks?’” she said.

“Well, that is a big difference and it’s false representation by the media,” Ho said.

Ho said that kissing on the cheeks is a Western way to show a friendly attitude.

Just like shaking hands. It’s that simple,” she said.

“Since when did it become sexual harassment?”
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WTF!!

So, he can walk into a 7-11, grab the teenage girl and forcably kiss her on the cheeks for 2 minutes while she says NO and STOP and it’s not sexual assault?

It’s an international custom? Horseshit. We don’t kiss cheeks in the USA, and even the British I imagine do not kiss strange young girls on the cheeks in convenience stores.

The funny thing is that the guy is Taiwanese. The girl is Taiwanese. Why in the flock does he think it’s appropriate to perform a western custom of cheek kissing in TAIWAN!??

Sounds like someone was drunk and kissed serious ass to get out of jail time. What an absolute load of shit. Someone should tell the girl’s father that it is an international custom to break the teeth of the guy who sexually assaulted your daughter with a crowbar.

It would have made a lot more sense if that money had gone towards financing the girls education.

[quote=“Chewycorns”][quote=“Tigerman”]I mean, a year or so ago the Taiwan Supreme Court decided that a middle aged man who embraced and kissed a teen girl working in a 7-11 store did nothing wrong, despite the fact that the girl protested the man’s actions.
[/quote]

That doesn’t suprise me in the least. After all, one of the justices on that case later thought nothing was wrong with entering a love motel with a woman other than his wife, with using his legal position to lobby on her behalf, and with lying to the press.[/quote]

Touch