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Court rejects right to enjoy sex life suit
Latest Updated by 2006-08-31 11:14:55
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Court rejects right to enjoy sex life suit

A court rejected a lawsuit yesterday in which a woman demanded compensation from a shopping center because her sex life was ruined after her husband was hurt in a workplace accident.

The court ruled that the law does not define an individual's sex life as a protected right.

According to law, the court also said that relatives can only ask for mental anguish compensation when a victim dies. Wei Suying, 31, said in the lawsuit to the Minhang District People's Court that her husband, Zhang Chengxiang, was at work - he leased a counter from Shanghai Qibao Hymall Shopping Center Co Ltd to sell audio equipment - on April 14, 2003.

As Zhang arranged his products that day at the request of the shopping center, an iron bar fell from a vent and hit him on the head. Zhang fell and his genitals hit the corner of some audio equipment.

Court appointed medical experts said that Zhang suffered from serious erectile dysfunction after he received treatment.

In a previous lawsuit, Zhang was awarded 130,000 yuan (US$16,250) in compensation, including 20,000 yuan for mental anguish, to be paid by the shopping center.

His wife filed a separate lawsuit asking for 100,000 yuan compensation for mental anguish and 120,000 yuan to purchase vibrators and hygienic necessities over 20 years. She said she had spent about 8,000 yuan in the last year on such products.

"I wasn't even 30 years old when my husband had the accident, which deprived me of my right to enjoy sexual life," Wei told the court. "Besides, our 5-year-old daughter may be slow in her intellectual development since she had encephalitis. Now we can't have another child."

The shopping center argued that Wei, as the wife of the victim, wasn't qualified to ask for compensation. It also said the medical experts didn't conclude that Zhang's erectile dysfunction was permanent.

Editor: Yan

By: Angela Xu Source: Shanghai Daily web edition
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