成都一名妻子「兩年遭受16次家暴」,先生被判有期徒刑十一年

2025-09-10

9月9日,備受矚目的「兩年遭受16次家暴」案件將迎來二審宣判。受害人小謝與丈夫賀某陽的刑事糾紛,將在成都市武侯區人民法院公開宣判,社會輿論與公眾的目光都集中在這一刻。

根據此前的審理,一審法院已經確認賀某陽在婚姻存續期間,多次辱罵並殴打妻子謝某梅,家庭暴力情節惡劣。2023年4月25日,賀某陽甚至以拳打腳踢方式毆打小謝,造成其腹部、胸部、腰部等多處嚴重損傷。經司法鑑定,傷勢涉及多處重傷、輕傷,並構成七至十級不等的傷殘。

最終,一審法院以故意傷害罪判處賀某陽有期徒刑九年十個月,以虐待罪判處一年六個月,兩罪合併執行有期徒刑十一年,同時支持附帶民事訴訟,裁定賀某陽需向小謝支付共計37萬9819.26元人民幣的賠償金。然而,這份判決雖然確認賀某陽的刑責與賠償義務,但在實際執行中卻問題重重。

小謝在2024年5月31日的離婚訴訟中,最終獲得法院支持,成功與賀某陽解除婚姻關係。法院考慮到賀某陽正在羈押,無法直接撫養年僅兩歲的女兒,並且存在嚴重的家暴記錄,因此將孩子的直接撫養權判給小謝,由賀某陽一次性支付至女兒成年為止的生活費,標準為每月2000元。但小謝在今年7月透露,截至當時,她並未收到任何包括撫養費、刑事附帶民事賠償以及財產糾紛的款項。面對這種情況,她表明將會申請強制執行,並曾提出要為女兒改姓,但遭到賀某陽的拒絕。

隨著案件進入二審,小謝心情沉重。她在9月6日受訪時表示,刑事案件的二審將在9日公開宣判,這一天對她和家人來說既是煎熬又是期待。她形容自事件發生以來的866天,每一天都像漫長的折磨,如今只希望法律能夠給予公平正義的回應。

雖然二審將採取書面審理,不會再度公開開庭,但小謝強調,她和家人會到場,親眼見證最終的判決結果。她表示自己希望二審能夠改判,甚至加重刑罰,以彰顯對家庭暴力零容忍的態度。她還特別強調:「我相信法律一定是公平公正的。」

這起案件的走向,不僅關乎小謝和她的家庭,也被視為中國家庭暴力司法實踐的一個重要案例。它再一次凸顯家暴受害者在離婚、子女撫養權、刑事處罰及賠償落實上的多重困境,而二審判決的結果,很可能成為未來社會對於家暴案件處理的參考。

This case in Chengdu, Sichuan, has drawn wide public attention because it not only involves severe domestic violence but also highlights the plight of a victim who endured repeated abuse within her marriage. On September 9, the much-discussed case of “16 incidents of domestic violence over two years” is scheduled for its second-instance verdict. The criminal case between the victim, Xiao Xie, and her husband, He Mouyang, will be publicly adjudicated by the Wuhou District People’s Court of Chengdu, with both media and society closely following the outcome.

According to earlier proceedings, the first-instance court confirmed that He repeatedly insulted and beat his wife, Xie Moumei, during their marriage. On April 25, 2023, he violently assaulted her with punches and kicks, inflicting multiple injuries to her abdomen, chest, and waist. Judicial assessment determined the harm constituted multiple serious and minor injuries, resulting in disabilities rated from level seven to level ten.

Ultimately, the first-instance court sentenced He to nine years and ten months in prison for intentional injury, and one year and six months for abuse. Combined, he received eleven years’ imprisonment. The court also upheld Xiao Xie’s civil claims, ordering He to pay 379,819.26 yuan in compensation. However, despite the legal judgment, enforcement has been fraught with difficulties.

 

On May 31, 2024, Xiao Xie was granted a divorce in a separate civil proceeding. The court considered that He was in custody and thus unable to directly raise their two-year-old daughter, and given his record of severe domestic violence, it awarded custody to Xiao Xie. He was ordered to make a lump-sum payment covering child support of 2,000 yuan per month until the child turns 18. Yet, by July this year, Xiao Xie revealed she had not received any child support, civil compensation, or repayments from property disputes. She vowed to apply for compulsory enforcement and even sought to change her daughter’s surname, though He refused.

As the case approached the second trial, Xiao Xie spoke of her heavy heart. On September 6, she confirmed that the second-instance verdict would be announced publicly on September 9. She described the 866 days since the incident as endless torment for her and her family, and now hopes the court will deliver a fair and just ruling.

Although the second-instance review will be conducted in written form without another open hearing, Xiao Xie emphasized that she and her family would attend in person to witness the final judgment. She expressed her wish for the sentence to be revised or made harsher, stressing the importance of showing zero tolerance toward domestic violence. She added firmly: “I believe the law will definitely be fair and just.”

The trajectory of this case not only affects Xiao Xie and her family but is also seen as an important precedent in China’s judicial handling of domestic violence. It underscores the multiple challenges victims face—whether in divorce, child custody, criminal sentencing, or compensation enforcement. The outcome of the second-instance ruling could shape future approaches to such cases and send a powerful signal about the justice system’s stance on domestic abuse.