A Kaohsiung woman’s attempt to sue a male acquaintance for RM185,000 (HKD 330,000) following an alleged sexual assault has been rejected by the Ciaotou District Court. The plaintiff, identified by the pseudonym Xiao Hua, claimed she was raped by a man known as Ah Zhi after meeting him to settle a dispute over private photos. Despite submitting an audio recording where she purportedly shouted “No” and “Stop” over 60 times, the presiding judge ruled that the evidence pointed toward consensual intimacy rather than a criminal act.
According to the court documents, the pair had known each other for several years through a mobile game and met at a café in April 2023 before heading to Ah Zhi’s residence. Xiao Hua alleged that once they were alone, the defendant ignored her repeated verbal refusals and forced himself upon her. She further accused him of engaging in “cyber-violence” by sharing details of their sexual encounter in LINE group chats and during a YouTube livestream, a mechanical necessity for her claim that the trauma led to a mental breakdown and suicidal ideation.
However, the legal tide turned when Ah Zhi presented the full, unedited audio recording of the encounter as part of his defence. He argued that the two shared an ongoing flirtatious relationship and had engaged in consensual sex during previous outings. The recording revealed a relaxed and intimate interaction where Xiao Hua was heard reminding Ah Zhi to use protection and engaging in mutual physical affection. The defendant claimed the “No” interjections were staged by the plaintiff to create a false record of assault for the purpose of revenge.
In the final judgment, the court noted that while the word “No” was indeed used frequently, the overall tone of the recording was characterized by laughter and affection rather than distress. The judge observed a total absence of sounds indicating struggle, violence, or pleas for help. Furthermore, surveillance and testimony showed that after the incident, Xiao Hua allowed Ah Zhi to drive her to the high-speed rail station, where the two chatted normally while she purchased her ticket—a reaction the court found inconsistent with the typical trauma response of an assault survivor.
The most damning evidence surfaced from a text message Xiao Hua sent to her then-boyfriend shortly after the encounter, which read: “I have obtained evidence of being forced; how can I ruin him?” The court concluded that the audio recording was likely produced with the specific intent of retaliation. Lacking any concrete proof of coercion or physical pressure, the judge ruled the encounter was consensual and dismissed the claim for medical expenses and emotional damages in its entirety.
