Man Invites Multiple People to Engage in Group Sexual Activity with Wife and Ex-Wife, Dozens of Times | A Bizarre Case in China (Reprinted)

Man Invites Multiple People to Engage in Group Sexual Activity with Wife and Ex-Wife, Dozens of Times | A Case of

a Bizarre Crime in China: Hu Mou1 and Zhang Mou's First-Instance Criminal Judgment on Group Sexual Activity, Zhushan

County People's Court, Hubei Province (2019) E0323 Criminal First Instance No. 169 (Excerpt) The Zhushan County People's Procuratorate accused: From 2011 to March 2019, the defendant Hu Mou1 repeatedly invited the defendants Zhang Mou, Wang Mou, and Shen Mou (male, born on May 8, 1998, died on February 26, 2016) and others to engage in sexual activities with his wife Chen Moumou and ex-wife Zhang Moumou at Hu Mou1's home, internet cafes, hotels, and other places. The specific facts are as follows: 1. From 2011 to March 2019, the defendant Hu Mou1 invited the defendant Zhang Mou to engage in sexual activities with his wife Chen Moumou more than ten times at Hu Mou1's home in the former family compound of Baofeng Health Center in Zhushan County and at a public rental house in Hualishu Village, Baofeng Town. 2. From the end of 2012 to the end of 2018, defendant Hu Mou1 invited defendant Wang Mou to engage in lewd activities with his wife Chen Moumou more than ten times at various locations, including the Tazihu construction site on Houhu Road in Hankou District, Wuhan City, a hotel, Hu Mou1's home in the former staff quarters of Baofeng Health Center, and a public rental house in Hualishu Village, Baofeng Town. 3. In 2012, defendant Hu Mou1 induced Shen Mou (a minor) to engage in lewd activities with his wife Chen Moumou twice at the Ping'an Internet Cafe in Baofeng Town, Zhushan County, and induced Shen Mou to engage in lewd activities with his wife Chen Moumou and ex-wife Zhang Moumou once at Hu Mou1's home in the former staff quarters of Baofeng Health Center. The aforementioned facts were not disputed by the defendants Hu Mou1, Zhang Mou, and Wang Mou during the court proceedings, and are corroborated by the following evidence, which was presented and examined in court and confirmed by this court: 1. Documentary evidence including the case registration form, household registration certificate, arrest record, and death certificate of Shen Mou; 2. Testimony of witnesses Chen Moumou, Chen Mou, Liang Mou, Hu Mou2, etc.; 3. Electronic data—data from the mobile phones of Hu Mou1 and Wang Mou; 4. Consistent statements made by the defendants Hu Mou1, Zhang Mou, and Wang Mou on multiple occasions. The prosecution argues that the defendant Hu Mou1 invited Zhang Mou, Wang Mou, and others to engage in group sexual activities, and that Hu Mou1 was the ringleader of these activities, while Zhang Mou and Wang Mou were multiple participants in these activities. Hu Mou1 induced minors to participate in group sexual activities. Hu Mou1's actions violated Article 301, Paragraphs 1 and 2 of the Criminal Law of the People's Republic of China. Zhang Mou and Wang Mou's actions violated Article 301, Paragraph 1 of the Criminal Law of the People's Republic of China. The facts of the crimes are clear, and the evidence is conclusive and sufficient. Defendants Hu Mou1, Zhang Mou, and Wang Mou should be held criminally liable for the crime of group sexual activities. Defendant Hu Mou1 invited minors to participate in group sexual activities and should be severely punished. A public prosecution is now initiated, and a judgment is requested according to law. Defendant Hu Mou1 has no objection to the facts and charges of the crimes, voluntarily pleads guilty and accepts punishment, and requests leniency. The defense counsel's arguments are: 1. No objection to the facts and charges of the crimes against Hu Mou1. 2. Hu Mou1 truthfully confessed his crimes after being apprehended, which constitutes a confession, and he pleaded guilty and accepted punishment in court, thus he can be given a lighter punishment according to law. Defendant Zhang Mou has no objection to the facts and charges of the crimes, voluntarily pleads guilty and accepts punishment, and requests leniency. The defense counsel's full arguments are as follows: 1. No objection to the facts and charges against Zhang. 2. Zhang confessed to his crimes truthfully after being apprehended, which constitutes a confession. He pleaded guilty and accepted punishment in court, showing genuine remorse. Furthermore, he was a first-time offender who was invited to participate, and therefore deserves a lighter sentence according to law. The defendant, Wang, argued that he had no objection to the charges. Although he had sexual relations with Chen more than ten times, he only engaged in illicit sexual relations with Hu and Chen about three times. The rest of the sexual relations occurred with Chen when Hu was aware of them but not present. He now voluntarily pleads guilty and accepts punishment, requesting leniency. Defense attorney Fan Suiyong's arguments are as follows: 1. There is no objection to the charge of group licentiousness against Wang, but the accusation that Wang engaged in licentious activities with Hu and Chen more than ten times lacks evidence. Although Hu contacted Wang and his wife Chen to have sexual relations more than ten times, the three of them only engaged in licentious activities together about three times. In the other cases, Hu was not present at the scene of the sexual relations, and only Wang and Chen had sexual relations. 2. The licentious activities were invited by Hu and only occurred between Wang and Hu and his wife, a fixed group of three. Outsiders were unaware of the activities, and the harm to public order was minimal, with no adverse impact. Furthermore, Wang truthfully confessed his crimes after being apprehended, pleaded guilty, and accepted punishment, and can be given a lighter sentence according to law. The court finds that: Defendant Hu Mou1 violated moral norms, seeking vulgar and shameless stimulation, and invited defendants Zhang Mou, Wang Mou, and others to engage in lewd activities with his wife. Hu Mou1 was the ringleader, and Zhang Mou and Wang Mou participated in lewd activities multiple times to satisfy their vulgar and shameless stimulation. The actions of all three defendants constitute the crime of group lewdness. The charges brought by the public prosecutor are established and should be upheld. However, the public prosecutor's charge that Hu Mou1 induced a minor, Shen Mou, to engage in lewd activities with his wife, Chen Moumou, and ex-wife, Zhang Moumou, once at Hu Mou1's home in the former staff quarters of Baofeng Health Center. Regarding the fact that Hu Mou1's ex-wife, Zhang Moumou, participated in the lewd activities, the evidence is insufficient to prove this fact due to the lack of testimony from Zhang Moumou. Therefore, this charge cannot be established. Defendant Hu Mou1 invited multiple people to engage in lewd activities multiple times, and also invited minors to participate in lewd activities; therefore, he should be severely punished according to law. After the incident, defendants Hu Mou1, Zhang Mou, and Wang Mou all truthfully confessed to their crimes, which constitutes a confession. Furthermore, they pleaded guilty and accepted punishment in court, and are therefore eligible for leniency according to law. The defendants' and their defense counsel's arguments for leniency, consistent with the above, are valid and are adopted. Defendant Wang Mou's and his defense counsel's argument that although Wang Mou had sexual relations with Chen Moumou more than ten times at Hu Mou1's invitation, Wang Mou only engaged in illicit activities with Hu Mou1 and Chen Moumou on about three occasions, and the rest were sexual relations between Wang Moumou and Chen Moumou when Hu Mou1 was not present, is consistent with the evidence in this case. Therefore, their argument is valid and is adopted. Based on the facts of the crimes committed by each defendant, the nature of the crimes, the circumstances, the degree of social harm, and their expressions of remorse, in accordance with Article 301 and Article 67, Paragraph 3 of the Criminal Law of the People's Republic of China, the judgment is as follows: 1. Defendant Hu Mou1 is guilty of the crime of gathering for licentious activities and is sentenced to two years' imprisonment; 2. Defendant Zhang Mou is guilty of the crime of gathering for licentious activities and is sentenced to six months' imprisonment; 3. Defendant Wang Mou is guilty of the crime of gathering for licentious activities and is sentenced to six months' imprisonment. If dissatisfied with this judgment, an appeal may be filed with this court or directly with the Intermediate People's Court of Shiyan City, Hubei Province, within ten days from the second day after receiving this judgment. For written appeals, one original and two copies of the appeal petition should be submitted. Presiding Judge: Fan Bin; Judges: Hou Shihai, Xiong Caiping; September 16, 2019; Clerk: Wang Leilei

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Man Invites Multiple People to Engage in Group Sexual Activity with Wife and Ex-Wife, Dozens of Times | A Bizarre Case in China (Reprinted)

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