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Victim of a predatory assault raises questions about women’s self-defense
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A woman is stalked, taunted with obscenity or even sexually molested. What should she do?
In the case of a woman identified only by her surname Xu, she reported to police that she had been molested by a predator. But her decision drew criticism from many netizens who berated her for not fighting back against her assailant.
Xu, according to reports, was followed by a drunk man into her residential compound in Shanghai when she was going home one evening. He asked for her contact number. She refused, but when she saw he had a knife, she managed to lure him to the entrance of a nearby, busy supermarket.
That didn’t deter her unwanted predator. He pushed her to the ground, reports said. She later managed to escape from the man and called the police.
Xu could have easily fought him off. She has trained in judo and is currently a martial arts fighter. But afraid of injuring the man, she chose instead to call the police when she finally was free. The man was detained.
Xu, however, was surprised by cyberbullies who accused her of being “too soft.”
“Many people on social media criticized me and said I should have attacked him,” she said. “But I don’t think I did anything wrong.”
Zhu Xiahua, a lawyer with Shanghai Walson Law Firm, said that Xu was wise to let police handle the situation because improper self-defense can land victims with assault charges.
“The law does not demand that victims must defend themselves,” Zhu said.
“The law clearly states that for significantly minor, unlawful infringements, if the victim uses means sufficient to cause serious injury or death, such conduct should not be recognized as an act of self-defense but may constitute an abuse of the right of self-defense,” she said.
“In Xu’s case, if the suspect immediately ceases his indecent behavior upon being detected and if a professionally trained fighter like the victim still chooses to assault and disable the suspect, this could be viewed as excessive defense or a retaliatory attack, potentially subjecting the victim to civil or criminal liability,” the lawyer added.
So where does that leave women subject to predatory behavior?
According to Zhu, when women are accosted in relatively crowded places, they should shout for help loudly and actively seek assistance from people around them. That not only helps to stop the crime in its tracks but also ensures that someone will call the police.
She cited the example of the Japanese subway system. Although indecent assaults often occur during peak travel times, women know that train conductors are well trained in dealing with such issues and let them handle the incidents, she said.
However, if women are threatened in a relatively remote place or at a time when few people are around, “leaving or escaping immediately” should be their primary strategy. If conditions permit, they should take photos or videos of their predators. Once in a safe place, they should immediately call the police.
It should be noted that Xu was somewhat lucky. Her incident occurred in a public place and the man was not overly aggressive. The advice may be less helpful if women find themselves in the grip of a more violent perpetrator or if the assailant is someone from within her family or someone in a position of power.
“In traditional investigations of sexual assault cases, the collection of crime scene physical evidence and biological samples is deemed crucial,” Zhu said.
“Still, it’s challenging to ensure that all evidence is fully and accurately collected and reflects the facts of the case.”
Statements from victims and suspects can be problematical. Their credibility can be influenced by various factors, including the psychological state and memory of the parties involved.
“Victims may struggle to accurately recall events due to fear, shame or psychological pressure, while suspects may intentionally conceal or distort facts to evade legal prosecution,” Zhu said.
It takes the entire society to create an environment where victims don’t face these kinds of situations, an environment where women can be free of pressure, or a sense of guilt or shame. They have to be brave enough to seek justice through legal channels, as Xu did.
Or as she put it, “I’d like to be a model of how to deal with such cases for other women.”
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