22-year-old girl raped on stretcher attends appeal hearing

On July 17, the People's Court of Nghe An province opened a criminal trial, hearing the appeal of the rape case against defendant Phan Huy Giang (born 1976), former library staff of Dien Tan Primary School, residing in Dien Loc commune (Dien Chau).

The victim, Ms. Nguyen Thi Q. (22 years old, residing in Dien Chau district), was brought to the Court by relatives on a hospital stretcher.

Before the trial, Ms. Q. was hospitalized for treatment of septic shock, multiple organ failure, necrosis of wounds on her arm and abdomen, etc. Because Ms. Q. was in such poor health, she could not sit up and had to lie on a stretcher placed on a chair in the courtroom.

Ms. Nguyen Thi Q. had to lie on a stretcher during the appeal hearing because her health was too weak. Photo: Khanh An

At today's trial, defendant Giang expressed remorse for his actions and showed repentance.

On the victim's family side, Ms. Nguyen Thi N. (Q.'s mother, the legal representative of her daughter) said: "Q.'s health is currently very weak. Luckily, the hospital where she is being treated lent me a wheelchair so I could bring my daughter to the trial."

She also requested the appellate court to increase the sentence for defendant Giang and increase the compensation.

According to the records, on the afternoon of November 9, 2019, Giang drove a motorbike to Ms. N. (residing in Dien Chau district) to inform her that there was no suitable regime or policy to support her daughter, Ms. Q., who was disabled and could not walk. Here, Giang saw Q. at home alone, so he used his phone to take pictures of Q.'s breasts and private parts and then left.

Defendant Giang expressed remorse for his actions. Photo: Khanh An

An hour later, Giang returned but did not meet Mrs. N. but only met Q. and Q.'s younger brother. Giang informed Q.'s younger brother that Q. was too old to be eligible for benefits. Then, seeing that Q. was pitiful, Giang took out 100,000 VND to give him.

That same evening, Giang went to Mrs. N's house and told her that her daughter's apprenticeship program was not working out and that she needed to take a picture of Q. and post it on Facebook to ask a benefactor for a wheelchair. Giang and Mrs. N. carried Q. into the room and took some pictures.

After that, Giang went home to drink and then went for a walk to exercise. When passing by Ms. N's house, Giang had the intention of having sex with Q., so he sneaked into the house and committed a depraved act. When Ms. Q. screamed, Giang used his hand to cover her mouth so she could not call for help.

After hearing Ms. Q. recount the incident, Ms. N. reported Giang's actions to the police. On November 11, 2019, Giang was temporarily detained.

Afterwards, the People’s Court of Dien Chau district held a first-instance trial and sentenced Giang to two years in prison for rape. Regarding civil matters, the panel of judges acknowledged the defendant’s agreement to compensate the victim with 50 million VND in compensation, as requested by the victim.

The victim argued that the two-year prison sentence was light, Giang raped a disabled person but did not include aggravating circumstances in the verdict, so he filed an appeal to the appellate court, requesting an increased sentence.

The appellate court upheld the two-year prison sentence for defendant Giang for rape. Photo: Khanh An

At the appeal hearing today (July 17), the appellate panel concluded: The first instance panel had sentenced the right person, the right crime, and there were no new circumstances to reduce or increase the sentence for defendant Giang.

At the end of the trial, the appellate panel rejected the victim's appeal and upheld the two-year prison sentence for defendant Giang for rape.

In addition, defendant Giang and the victim's legal representative also agreed that Giang would compensate the victim an additional 20 million VND./.