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证据不足,京东创始人刘强东免于被起诉

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2018年12月27日

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Richard Liu, the Chinese billionaire accused of rape nearly four months ago by a young Chinese student at the University of Minnesota, will not be charged with sexual assault, prosecutors in Minneapolis said on Friday.

明尼阿波利斯检方在周五表示,不会以性侵罪名起诉中国亿万富豪刘强东。近四个月前,他被明尼苏达大学一名年轻中国学生指控强奸。

The county attorney’s office said it did not find enough evidence to pursue a case against Mr. Liu, a 45-year-old internet tycoon who was arrested in the early morning of Sept. 1 but released within hours and allowed to return to China.

县检察官办公室称,没有找到足够的证据来提起对刘强东的诉讼,这位45岁的互联网巨头在9月1日清晨被捕,但几小时后获释并获准返回中国。

The decision could bring Mr. Liu, who founded and leads JD.com, back to a more visible role at his e-commerce behemoth. JD.com’s stock has slumped since the accusations were revealed, and Mr. Liu, whose Chinese name is Liu Qiangdong, has skipped several public engagements.

这一决定可以让创立并领导京东(JD.com)的刘强东在其庞大的电商企业中重回经常抛头露面的角色。自控告披露以来,京东的股价大跌,刘强东也取消了多个公开活动。

“As is the case in too many sexual assault incidents, it was a complicated situation,” Mike Freeman, the Hennepin County attorney, said in a statement. “It is also similar to other sexual assault cases with the suspect maintaining the sex was consensual.”

“和很多很多性侵事件一样,本案的情况非常复杂,”亨内平县检察官迈克·弗里曼(Mike Freeman)在一份声明中表示。“与其他性侵案件的相似还在于嫌疑人坚称性行为是两厢情愿。”

In a statement on Chinese social media, Mr. Liu said that he had been unable “to address the situation or defend myself” to “avoid interfering with the independent investigation.”

刘强东在中国社交媒体上发布的一份声明中称,“为了不干扰司法公正,在美国警方和检方的独立调查过程中”,他无法说明情况或“为自己辩护”。

JD.com said in a statement that it was pleased with the decision. Jill Brisbois, Mr. Liu’s lawyer, reiterated in a statement her “strong belief from the very beginning that my client is innocent,” adding that “Mr. Liu’s reputation has been damaged like anyone falsely accused of a crime” because of “misinformation and speculation that has been widely circulated.”

京东在一份声明中表示欢迎这个决定。刘强东的代理律师吉尔·布里斯布瓦(Jill Brisbois)在她的声明里重申“从一开始就深信我的当事人是无辜的”,又说“与其他受到不实犯罪指控的人一样,刘先生的名誉受到了损害”,因为“失实信息和猜测广为散布”。

Wil Florin, a lawyer for the woman, said he was considering bringing a civil case, adding that prosecutors had made their decision having never met or spoken with his client. Chuck Laszewski, a spokesman for the county attorney’s office, declined to comment on Mr. Florin’s claim.

女方代理律师维尔·弗洛林(Wil Florin)表示,他正在考虑提起民事诉讼,还说检方与他的当事人没见过也没谈过就做出了这个决定。亨内平县检察官办公室发言人查克·拉谢夫斯基(Chuck Laszewski)拒绝对弗洛林的说法予以置评。

Mr. Liu was arrested this year while taking courses at the University of Minnesota. On the night of Aug. 30, he and a group of fellow students in the academic program dined at a Japanese restaurant in Minneapolis. The occasion, involving some two dozen guests, was jovial. More than 30 bottles of wine had been brought in from a nearby liquor store.

刘强东是在明尼苏达大学参加课程时被捕的。今年8月30日晚,他与那个学术项目的一群同学在明尼阿波利斯市一家日餐厅聚餐。20多人参加的饭局,气氛愉快。他们从附近一家酒行买了30多瓶葡萄酒带进餐厅。

Also present that evening was a 21-year-old woman, a Chinese student who was volunteering for the doctoral program. As she later told police, she had been invited to the dinner by another Chinese executive in the program, who asked her to sit next to Mr. Liu.

当晚在场的还有一位21岁的女性,她是为那个博士项目做志愿者的中国学生。后来她告诉警方,是参加该项目的另一名中国高管邀请她参加聚餐,还要求她坐在刘强东身边。

She told police that she got into a car with Mr. Liu after the dinner, and he began to touch her without her consent. She asked to be taken back to her apartment, where he forced himself upon her, despite her pleas, she told police.

她告诉警方,聚餐完后她和刘强东上了一辆车,他未经她同意就开始摸她。她要求送她回自己的公寓,在住处他不理会她的哀求强压上来——她向警方说。

But Ms. Brisbois, in an email, said the woman was being “flirtatious” in the car and agreed to the contact with Mr. Liu. Ms. Brisbois said that the woman invited Mr. Liu into her apartment building and that “what happened in the room was entirely consensual.”

但布里斯布瓦在电子邮件中说,该女子在车里举止“轻佻”,并且同意了刘强东的身体接触。布里斯布瓦说,该女子邀请刘强东去她住的公寓楼,而且“房间里发生的事情完全是两厢情愿”。

“The woman was an active and willing participant and at no time did she indicate in any way that she did not consent,” Ms. Brisbois said. The following day, the woman sent text messages to friends saying that Mr. Liu had raped her.

“这名女子是一个主动并情愿的参与者,她从未以任何方式表示她不同意,”布里斯布瓦说。第二天,该女子给朋友发短信说刘强东强奸了她。

Police were called to the apartment by a friend and fellow student, according to the county attorney’s office.

据县检察官办公室透露,是一名朋友也是同学的人把警察叫到了公寓房间。

Ms. Brisbois said she spoke with the woman after Mr. Liu’s release, at the woman’s request. Over several phone calls and texts, the woman “made repeated demands for money, and threatened to make her allegations public and to sue Richard if her demands were not met,” Ms. Brisbois said.

布里斯布瓦说在刘强东获释后,她应女子的要求与她谈了话。在几次通话和短信中,该女子“多次索要钱财,并威胁如果她的要求得不到满足,就把指控公之于众,还要起诉刘强东”,布里斯布瓦说。

Mr. Florin, the woman’s lawyer, said that a lawyer for Mr. Liu initiated contact with the woman about a settlement. Mr. Florin added that many of Ms. Brisbois’ descriptions of events are “directly contradicted by eyewitness testimony.”

女方代理律师弗洛林则称,是刘强东的律师先联系女方谈和解。弗洛林还说,布里斯布瓦的许多描述“与目击证人的证词明显矛盾”。

The Minneapolis Police Department’s sex crimes unit conducted a “thorough investigation” into the case, the county attorney’s office said, followed by a “meticulous review” by four sexual assault prosecutors, a group of three men and one woman. They determined that “there were profound evidentiary problems which would have made it highly unlikely that any criminal charge could be proven beyond a reasonable doubt.”

县检察官办公室称,明尼阿波利斯警察局性犯罪调查组对案件进行了“彻底的调查”,随后由三男一女四位性侵案件检察官进行了“细致的审查”。他们认定“存在重大的证据问题,在合理怀疑之外坐实任何刑事指控的可能性微乎其微”。

Investigators reviewed surveillance video, text messages and witness statements. Among the evidence was footage from a body camera worn by an officer that recorded conversations between Mr. Liu and the woman at her apartment after police arrived.

调查员查看了监控录像、短信和证人证词。证据当中有警察随身佩戴摄像头录下的警方到场后刘强东与该女子在她公寓的谈话。

The county attorney’s office declined to provide more detail, saying prosecutors “do not want to re-victimize the young woman.”

县检察官办公室拒绝提供更多细节,声称检方“不愿再次伤害这名年轻女子”。

In his statement on social media, Mr. Liu apologized to his wife, Zhang Zetian, and said he felt “deep regret and remorse.”

在社交媒体上的那份声明中,刘强东向妻子章泽天道歉,说他感到“十分的自责和后悔”。

“I will continue to try in every possible way to repair the impact on my family and to fulfill my responsibility as a husband,” he said.

“我一定将竭尽全力去弥补此事对家庭对创伤,重新担当起丈夫的责任,”他说。

In China, the incident exploded on social media. People scrutinized Minnesota police documents, speculated about whether Mr. Liu had been set up and pondered the glimpse they had gotten into the lives of the country’s ultrawealthy business elites.

在中国,该事件引爆了社交媒体。人们仔细审读明尼苏达警方的文件,揣测刘强东是否被设局,回味他们得以一窥的中国超级富豪商业精英的生活。

JD.com is a proud emblem of China’s rising consumer class, and a major partner to global brands, like Adidas and Samsung, that use the platform. Walmart, Google and the Chinese internet conglomerate Tencent are all JD.com shareholders. And Mr. Liu is a celebrity tycoon whose rise from humble means to internet riches is the subject of many admiring books and television programs.

京东是中国消费者阶层崛起的自豪标志,也是其平台上如阿迪达斯、三星等全球性品牌的重要合作伙伴。沃尔玛、谷歌和中国互联网集团公司腾讯都是京东的股东。刘强东是名人富豪,他白手起家成为互联网巨富的过程,成为许多图书和电视节目的主题,很受追捧。

The company’s shares have lost around 60 percent of their value since early this year as it grappled with the accusations against Mr. Liu and slowing economic growth in China.

因为应对对刘强东的指控,加之中国的经济增长放缓,京东股价自今年初至今已跌去约60%。

The company’s business has been under pressure recently. China’s economy is decelerating, and competition from rivals such as Alibaba has intensified. In November, JD.com said that its customer base had shrunk for the first time since the company went public in 2014. The retailer says it still serves more than 300 million shoppers.

公司业务在最近也遇到压力。中国经济在降速,与阿里巴巴等对手的竞争更激烈了。11月,京东称其活跃用户数自2014年公司上市以来首次下滑。这家零售商表示仍在为3亿购物者服务。

The rape allegation against Mr. Liu has weighed on JD.com in part because he has never indicated who might succeed him as chief executive. Mr. Liu controls nearly 80 percent of shareholder votes at the company, thanks to a special class of stock with 20 times the voting power of regular shares.

针对刘强东的强奸指控给京东带来压力,还有一部分是因为他从未表示过谁可能继任他的首席执行官职位。由于他持有的特殊类别的股票有20倍于普通股的投票权,刘强东控制着京东公司近80%的股东投票权。

As a result, the company’s board cannot make decisions without him present. Mr. Liu once told a television interviewer that his early experience running a failed restaurant taught him the need for an iron managerial grip.

结果就是刘强东不在场时,公司董事会无法做出决议。刘强东曾在一次电视采访中说,早年经营一家餐馆的失败经历教会了他铁腕管理的必要。

That appears to be changing, a little. In a November conference call, Mr. Liu told analysts that he would focus more on strategy and new businesses at JD.com in the future, leaving more of the management of mature businesses to subordinates.

这个情况似乎也在略微地改变。11月的一次电话会议上,刘强东告诉分析师他在未来会多关注京东的战略和新业务,而把更多成熟业务交给下属管理。


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