A Taiwanese employer who had been accused of sexually assaulting his Vietnamese caregiver on five occasions was found not guilty by the Taichung Branch of the Taiwan High Court on Friday, which found that the sex position described would have been impossible to achieve without the cooperation of the woman.
In July 2015, the Vietnamese caregiver called the Counseling and Protection Hotline for Foreign Workers and accused her Taiwanese employer surnamed Liao of sexually assaulting her three times and groping her breasts twice between March 28, 2014, and July 13, 2015, China Times reported.
Liao denied forced intercourse, but admitted to the court that he and the woman had developed a consensual sexual relationship after the deaths of her husband and his own wife during the four years the maid worked in the household.
At 1pm on March 28, 2014, while the maid was picking plums in a garden, Liao suddenly appeared face-to-face with her and restrained her by holding her in his arms, the court heard.
The man had sexual intercourse with the maid for two minutes in a standing position, by first removing his own trousers and underpants with his left hand, and then pulling down the maid’s trousers by force, the court was told.
In November 2014, Liao dragged the victim into a washroom, where he took off her clothes and his own, put on a condom, and again had sex with her while standing, this time for about one minute.
When the judge asked the maid, who was around 151 to 155 centimeters tall, if Liao, who was 160cm tall, lifted her up in order to facilitate the sex act, she said her boss accomplished the deed simply by locking her in a tight embrace.
The judge found Liao not guilty of sexually assaulting the Vietnamese woman because the described face-to-face standing sexual intercourse was not likely to be possible without Liao lifting her up or without any cooperation from the alleged victim.
In other words, if the woman had squeezed her legs together, or struggled even slightly, the defendant would not have been able to have sex with her for one or two minutes. In addition, the man would have had to keep restraining her hands while removing their clothes and putting on a condom.
The court also learned that the maid had lived in Taiwan for more than 10 years, mastering good communication skills in Mandarin and understanding her rights as a foreign worker, given that she had often called the workers’ hotline for help between 2011 and 2015 to make minor complaints against Liao.
However, she delayed seeking help after the alleged sexual assaults occurred, which cast doubts on the validity of her statement.