- Tessa Wong
- BBC News
Richard Liu is the founder of one of the largest e-commerce companies in China
It was supposed to be one of the largest trials of the “Me Too” campaign that China had ever seen, and the trial is set to take place on the other side of the world in the US state of Minnesota.
The defendant in the case is a 49-year-old billionaire, nicknamed “Chinese Jeff Bezos”. The plaintiff, a 25-year-old Chinese graduate student, said he sexually assaulted her.
The trial will take place in Hennepin County, Minnesota, where the alleged crime occurred.
But in a stunning turn of events on the eve of the court battle, Richard Liu, known to the Chinese as Liu Qiangdong, and Liu Jingyao agreed to a settlement to avoid prosecution.
The two are not related, but Liu is a common Chinese name. The BBC named Liu Jingyao as she had previously publicly introduced herself.
A statement issued by the lawyers of the two parties on Saturday evening said that the incident that occurred “led to a misunderstanding that attracted great public attention and brought great suffering to the two parties and their families.”
“Today, the parties agreed to put aside their differences and settle their legal dispute in order to avoid further pain and suffering caused by the lawsuit,” he added.
The news surprised many in China and dominated Chinese social media, with hashtags associated with the news garnering hundreds of millions of views and comments within hours on Weibo.
Millions of Chinese were planning to follow the trial closely under a legal system more transparent than in China. Some experts believe that Liu Jingyao has a better chance of winning in the United States.
Now, with a settlement reached behind closed doors, the case is likely to fuel speculation and heighten uncertainty regarding the embattled Me Too movement in China.
Battle of the novels
Long before the trial date, the Chinese public’s perception of the case has been deeply shaped, with a series of video and audio clips showing some of what happened on the night of August 30, 2018.
At the time, Liu Jingyao was studying at the University of Minnesota. She was invited to a networking dinner organized for Richard Liu, founder of electronic retail giant JD.com, and other well-known Chinese CEOs. The two went to her apartment following that.
photo released, Liu vs Liu court records
Footage provided as evidence in the now-settled case showed the two in an elevator in the apartment building where Liu Jingyao lives.
Liu Jingyao said she was pressured to drink large amounts of alcohol at dinner by Richard Liu and other guests. She said he molested her while they were traveling in a car and she was so drunk that she mightn’t resist. She then said that he then followed her to her apartment and raped her despite her protests.
Richard Liu, for his part, said she was not too drunk and willingly invited him to her home, where they had consensual sex.
Immediately following the accident, Liu Jingyao told a friend what had happened, who called the police. Richard Liu was arrested and the news made headlines around the world. He denied any wrongdoing and was released the next day.
After weeks of investigation, local prosecutors refused to press charges, saying there were “profound evidentiary problems” that made the allegations difficult to prove.
In April 2019, Liu Jingyao filed a civil lawsuit once morest Richard Liu, accusing him of sexual assault and seeking damages of at least $50,000. The courts ruled that there was enough in her claim to initiate a civil trial and that his company might also be found liable for some of the damages.
Soon following the lawsuit was filed, videos from police surveillance cameras surfaced online. Pictures show Richard Liu and Liu Jingyao interacting outside the restaurant, having dinner and then in front of her apartment, as well as Liu Jingyao speaking to the police shortly following the incident.
The footage excerpts came from material presented as evidence of the case and first appeared across lesser-known Chinese media, including one that has since disappeared.
Lawyers and supporters of Liu Jingyao alleged that the clips were leaked as part of a covert campaign to influence public opinion before the trial. Richard Liu’s lawyers have denied doing so and told the BBC that police released the materials at the request of the media.
What is certain, however, is that the clips had a lasting effect among the Chinese public, fueling support for Richard Liu and disdain for Liu Jingyao, who has been described as a “money-seeking” and “slut”.
On Sunday, hours following news of the settlement broke, many commentators on Chinese social media seemed to see it as confirmation that Liu Jingyao had sued Richard Liu for financial compensation. Some have described it as the victim of extortion following a sexual encounter.
public court battle
Since she filed the lawsuit, Liu Jingyao has kept a low profile while pursuing her studies in linguistics.
After dropping out twice, so she might recover psychologically, her lawyers say, she finally got her degree and is now enrolled in a graduate program at the University of Washington in Missouri.
Her lawyers told the BBC that the incident and the public shaming had left her with permanent post-traumatic stress disorder, and she did not want to return to China because she feared repercussions from Richard Liu and others at dinner that night.
In her lawsuit, Liu alleged that the dinner was attended by executives with connections to the highest levels of the Chinese Communist Party.
At first, Liu seemed determined to take her case forward. In a 2019 interview with the New York Times, she said she would never stop the pursuit because that would mean signing an agreement that guarantees silence.
It is not known why Liu Jingyao agreed to the settlement now. Her lawyers did not respond to BBC inquiries regarding her reasons or whether she had signed the silence agreement.
But her supporters believe that as the general court battle approaches, the pressure on her has become too much for her to bear.
Liang Xiaowen, a Chinese feminist activist, said she sent a text message to Liu Jingyao shortly following the settlement was reported.
“She said she wanted to fight to the end, but it was very difficult,” Liang told the BBC.
She added, “It comforts her that she has reached a settlement, but she feels guilty that she cannot take it to the end. She is very grateful to everyone who believed in her and says she will do everything she can to help others in the same situation.”
photo released, Getty Images
Richard Liu, who has ties to Prince Andrew, and his wife attended Princess Eugenie’s wedding in the UK in 2018
Meanwhile, Richard Liu has remained in the public eye as JD.com’s president despite stepping down as CEO in April.
It is seen back home as an ambitious symbol of China’s new era of wealth and power. He has been compared to Jeff Bezos for how he developed JD.com – a Chinese equivalent to Amazon – out of a small kiosk selling tech goods.
In 2015, he married internet personality Zhang Zetian, and the two became a famous couple overnight. Their news is often covered by the Chinese media and their good relationship is often portrayed as an example of home life.
This has prompted accusations in the past, by Liu Jingyao’s supporters, that efforts are being coordinated by Richard Liu’s team and JD.com to promote his image as a family man. JD.com has denied the allegations.
“Four years of busyness have finally come to an end today,” Richard Liu said on Sunday in a statement to Chinese media.
He apologized to “everyone I disturbed, especially to my wife,” and added that he hoped “my life and work will be back to normal soon.”
Unprecedented transparency
Avoiding trial, the Chinese public no longer has a rare opportunity to watch the high-profile Chinese “me too” case as it proceeds in court.
With most of the preliminary court records made available by the Minnesota court and hearings to the public, the Chinese people and the media were able to follow the case to an unprecedented degree.
This contrasts with China’s opaque legal system, where many high-profile cases are presented behind closed doors and online posts and comments are heavily censored.
With the settlement reached, the question of whether such a case would have ended differently elsewhere has not been answered.
Some legal experts the BBC spoke to believe that Liu Jingyao has a better chance of winning her claim in the US than in China. This is because in China, victims must prove their claim with a high degree of probability, but in US cases, a judge or body does not need to The jurors only have to decide whether the accident is likely to have occurred.
Chinese courts also focus on physical evidence such as video clips, while witness testimony has more weight in the United States.
But the bigger question posed by the settlement is how the Me Too movement in China will be affected by this issue.
The case comes on the heels of several high-profile incidents where cases have been dropped from court or criminal charges have been dropped. Activists say the findings have sent a bleak signal to survivors of sexual assault.
Furthermore, the movement faced harassment and disappearance of activists, as well as increased censorship and hostility online.
For example, Liu Jingyao’s supporters said their social media updates of the case were censored. WeChat accounts have reportedly been banned for making support calls.
But Liang believes that the settlement was, in the end, “a win for both Jingyao and the Me Too movement.”
She said Liu Jingyao gave the movement a boost by choosing to publish her story.
“She has chosen to refer this case to the Me Too movement in China so that we can continue the fight,” she said.
Additional reporting by Mike Wendlingh.
