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The ins and outs of a controversial rape case

In the bustling metropolis of Hong Kong, the insurance industry is highly competitive, and brokers often go to great lengths to attract clients.

However, in 2018, a sexual assault allegation involving a female insurance broker and a prospective client turned into a rape case.

The defendant, Lin Jianfeng, 37 (age at the time of trial), a salesman at a technology company, was accused of raping the victim, Ms. X (now 29 years old), but the jury ultimately acquitted him 5-2. This case not only involves sensitive issues such as sexual consent and drug-induced rape, but also exposes the potential "sex trade" culture in the insurance industry, such as whether female brokers use "sex to sell insurance" as a means to "force clients to rape."

2015: Initial contact and proposal of compensated dating

The seeds of the case were sown as early as 2015. At that time, Lin Jianfeng (now 37 years old, approximately 31 years old at the time of the incident) worked as a salesman at Apple, was single but had a romantic interest. He had just moved out of his parents' house and was renting an apartment.Cheung Sha WanHe lived in a subdivided flat (a building unit with individual rooms), where he had a relatively independent lifestyle. According to Lin's testimony in court, X (who was about 23 years old at the time) took the initiative to greet him through the "People Nearby" function on WeChat.

X asked Lin if he was interested in "escort dating" and offered 3,500 yuan. Lin was curious and asked X why he was involved in escort dating, but the two only had a brief conversation before losing contact. Due to the long time that had passed, Lin said he had lost the relevant message records.

This initial encounter became a key point of contention in the subsequent case. The defense used it to prove that X was not a purely professional woman, but rather had intentions related to sex work, implying that she might have used similar methods in insurance sales. X denied this in court, emphasizing that she had never engaged in prostitution and that Lin's statement was fabricated. However, WeChat, as an anonymous dating tool, was indeed frequently used for such transactions, reflecting the darker side of Hong Kong's social culture at the time. In 2015, Hong Kong's insurance industry was experiencing rapid growth. According to data from the Insurance Authority (IA), more than 10,000 new insurance brokers registered that year, and intense competition led some practitioners to turn to non-traditional sales methods.

July 2018: Reunion and First Insurance Meeting

Three years later, in July 2018, Lin Jianfeng's parents, due to their advancing age, considered purchasing medical insurance. Lin began collecting relevant information and happened to see a photo of an insurance policy posted by X on WeChat Moments. He deduced that X was expanding his customer base and proactively contacted X to inquire about his company and the details of the insurance products. Lin expressed his intention to purchase insurance for his parents and arranged to meet X at Cheung Sha Wan Station on July 28th to have dinner at a nearby restaurant.

The dinner lasted about an hour, during which X introduced Lin to medical insurance, annuity, and fund plans. Lin said she needed to consider it further and did not immediately sign any contracts. After dinner, X followed Lin to her residence in Tung Ning Building, Cheung Sha Wan, to continue the discussion. X asked Lin if she had any beer, and Lin replied no, giving her a can of Coke instead. The two continued their conversation, but no intimate behavior occurred. This meeting, seemingly purely business-oriented, paved the way for subsequent events.

According to reports, X had communicated with Lin multiple times before visiting, emphasizing the benefits of the policy. Lin expressed interest in the annuity but said further discussion was needed.

August 29, 2018: Climax of the incident – suspected drugging and sexual intercourse

On August 29, 2018, Lin again arranged to meet X at the same restaurant to discuss insurance. X waited at Cheung Sha Wan MTR station, and the two dined for about an hour, discussing insurance policies and personal matters. X revealed that she had argued with her boyfriend the night before and looked haggard.

After the meal, Lin said he needed to reconsider signing the bill. X suggested going for happy hour drinks, but Lin said no bars were open and suggested X go back to the company. X insisted on going to Lin's place for drinks, but Lin said his father was home, and X didn't mind.

Lin's defense was completely different. He claimed that X suggested coming over for drinks, and after drinking, X's face was slightly flushed, but she was still conscious. She suddenly moved from the folding stool to the bed, "seemingly sending me a message that I could sleep with her." The two began kissing and having sex, during which X did not resist. Lin remembered that X had previously mentioned to clients that "I have a way to make them sign after I've finished," and worried that he was being used, so he secretly filmed the encounter with his phone to protect himself. He emphasized that he never drugged her, and that the beer was a normal beverage.

This footage became key evidence. The defense played it in court, showing Lin asking X, "Did you sleep well tonight?" to which X replied, "It doesn't matter." X accused Lin of secretly filming him in court, claiming he was not sober. However, the jury ultimately believed the footage proved X was sober.

In court, X stated that upon arriving at the Dongning Building, Lin took out a bottle of baijiu (Chinese liquor), but X refused to drink it. X asked for water, and Lin poured it for her in the kitchen. Lin insisted that he hadn't added anything to it. Shortly after drinking the water, X lost consciousness and, upon waking, found herself having sex with Lin. She panicked and asked, "Why is this happening?", but was too weak to push Lin away, fearing she would upset him. About five minutes later, Lin ejaculated inside her.

After the incident, X accused Lin of mixing the sleeping pill Zolpidem into her beer, causing her to lose consciousness and then being raped. Lin, on the other hand, claimed that everything was consensual and even filmed the incident to prove that X was conscious and consented.

The footage shows X responding with "It doesn't matter," which the defense used to prove that X was conscious and acting voluntarily.

The following day (August 30), X went to the clinic for blood and urine tests, and the blood test revealed zolpidem. This is a common sleeping pill used to treat insomnia, but abuse can lead to memory loss and the risk of sexual assault. The prosecution alleges that Lam took advantage of X's vulnerability to administer the drug, which Lam denies, claiming it was the first time he had heard of the drug.

Investigation and prosecution process: from 2018 to 2020

Following the incident, the police quickly intervened. In September 2018, Lin was charged with rape, case number HCCC170/2020 (High Court Criminal Case). The investigation focused on:

Medical evidence: X had a high concentration of zolpidem in her blood, proving that she had ingested the drug. However, the defense questioned the source, claiming that X may have taken it on her own.
Fragment analysis: Police extracted footage from Lin's phone, confirming that X's conversations were normal during intercourse.
Witness questioning: Friends of both parties confirmed that X actively promoted the insurance policy, but there were no direct eyewitnesses.

In 2020, the case was formally filed and transferred to the Court of First Instance of the High Court for trial. During this period, Hong Kong was experiencing the pandemic, and the trial was delayed. Lam was granted bail but was required to abide by a curfew.

Detailed Trial Account: Heated Courtroom Debates from October to November 2021

The trial began at the end of October 2021 and lasted for more than a week. High Court Judge Wong Chung-hou presided over the trial, and the jury consisted of six women and one man. The prosecution was led by a senior prosecutor, while the defense hired a barrister.

Prosecution's arguments:

X fell into a coma quickly after drinking beer. When she woke up, she was sexually assaulted and unable to resist.
Medical evidence showed that the medicine had been administered, and Lin took advantage of the situation.
X's question, "Why is this happening?", indicates that it was not done voluntarily.

Defense Arguments:

X engaged in voluntary sexual intercourse; the evidence suggests he was conscious.
X once talked about "selling insurance through sex," such as "having sex and getting what you want" and "I'll listen to you, but I'll sign the policy first."
Lin filmed for self-defense, not as a surreptitious film.

X denied the allegations during his testimony, claiming he was not in his right mind at the time of the incident. Lin defended himself by emphasizing that X was acting voluntarily.

The trial reached its climax on October 25, 2021, when the defense played footage in which X accused the jury of secretly filming him. On November 2, after a six-hour recess, the jury acquitted him 5-2. Lin was released and nodded his thanks to the jurors. The judge ordered the footage to be sealed.

Key Milestones Chart

Time period	date	Important Milestones
During the period of the incident	August 29, 2018	X went door-to-door to sell insurance policies. After drinking beer, she was suspected of being drugged and raped, and Lin ejaculated inside her.
Investigation initiation phase	August 30, 2018	Hospital X detected sleeping pills during a checkup and reported it to the police; Lin was arrested.
Preparation period for prosecution	September 2018 to 2020	Police investigated and collected fragmentary evidence; case number HCCC170/2020, transferred to the High Court.
Trial start period	End of October 2021	The trial commenced, with both the prosecution and defense presenting evidence. On October 25th, footage was played in which X denied consent.
Judgment period	November 2, 2021	The jury acquitted Lin 5-2, and he was released; the footage was sealed.
Subsequent impact period	After November 2021	The public is discussing sexual consent law and insurance industry ethics; there is no record of appeals.

Evidence Analysis: Balancing Fragments, Drugs, and Testimony

The footage is crucial to the outcome. It lasts several minutes and shows X conversing normally with Lin, without obvious resistance. The defense argues this proves consent, while the prosecution claims X was confused under the influence of the drug. The drug zolpidem is commonly used as a sleeping pill; it has a short half-life, is easy to detect but difficult to prove its origin.

Conflicting testimonies: X claimed to be panicked but feared violence and did not push her away; Lin claimed X initiated the encounter. The jury tended to believe the fragmented testimony, finding insufficient evidence to prove rape.

Case Background: The Gray Area of the Insurance Industry

Hong Kong's insurance industry is one of the most developed markets globally, with total assets exceeding HK$5 trillion by 2025. Insurance brokers are responsible for selling policies, and their income mainly comes from commissions. Intense competition has led some practitioners to resort to unconventional methods. According to industry insiders, "door-to-door consultations" are common practice, but there are occasional rumors that some female brokers use "intimate relationships" to secure deals, a practice known as "selling insurance through sex." To boost sales, female brokers use "charming sales tactics," including dating or sexual innuendo. X allegedly said in the video that "sleeping together is mutually beneficial," although she denied it, but this reflects a reality. There are over 80,000 insurance practitioners in Hong Kong, with women accounting for nearly 60% (TP3T). The commission-based system drives them to take risks.

Social Impact and Controversy: Selling Insurance Through Sex

The Lin Jianfeng case, from his initial encounter with a woman in compensated dating in 2015 to his acquittal in 2021, reveals the entanglement of sex, insurance, and power.

The case ruling has sparked controversy. Groups are calling on the insurance industry to review the risks of "in-home consultations," and many companies have banned individual home visits since 2022.

Although Lin was innocent, his reputation was damaged.

Legal Implications: Challenges to Hong Kong's Criminal Justice

Hong Kong's High Court tries serious crimes, and its jury system originated in the UK. Rape carries a maximum sentence of life imprisonment, but requires proof of non-consent. The Lam case demonstrates the crucial importance of weighing evidence. In 2025, judicial reform discussions are exploring the introduction of an "affirmative consent" model.

Further reading:

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