《西雅图夜未眠》CoCoM

44、法院文件-反驳他出庭前的恶毒诡辩

　　This is the Respondent’s response to Kang’s response to the Respondent’s “Response to Petition for AHCPO”

　　Page 1

　　Refuting Page 1 and Page 2:
　　1)2016-2022. Petitioner Mr. Dai (Petitioner) and Respondent Respondent had an uncommitted sexual relationship and had two encounters in September 2016 and February 2019. After that, they did not meet each other until September 2022.
　　Response from Respondent:
　　2016-2022. Petitioner concealed his marriage status, initialed, pursued, developed, maintained intimate relationship with me, constantly showed his affection to me, including intimate conversations, inviting me to meet with international trips, and promised me many times “we may have chance in the future”. If it was not due to my schedule conflicts and COVID, he would meet me more times and had more sex.
　　In September 2016, Petitioner invited me to live in his home about 4 or 5 nights, and complained “Why didn’t you come earlier?” He wanted to talk in bed, then he asked for hug, then he asked for kiss, then he asked for sex.
　　In October 2017, Petitioner shared with me pictures of his new home in Washington, invited me to visit and stay with him. In November 2017, Petitioner initiated intimate conversation with me, and invited me to spend the 2017 Thanksgiving with him in Hawaii. (See Exhibit 1)
　　In February 2018, during Chinese New Year, one or few days before the Valentine’s Day, Petitioner invited me to meet him in the Chinese city Zhengzhou. In December 2018, Petitioner invited me to visit Seattle to spend the Christmas and 2019 New Year holiday with him. In October 2019, during his trip in China, Petitioner invited me to meet him in Shanghai, and then insisted on meeting in Xuzhou. When we met, he initiated intimate actions, including hugging me, rushing over to me opening my clothes to see my breast. We finally had sex. That day, Petitioner took sexual photos of Respondent without her knowledge and consent and showed her after he returned to Seattle. The photo might be still in his SumSung cellphone. (See Exhibit 2)
　　In the period from 2018 to 2020, Petitioner and I had several discussions about the possibility that I moved to Seattle. In March 2018, Petitioner also made job referrals to me in Amazon and Microsoft in Seattle, suggesting I should visit him in Seattle. In late 2019 and early 2020, Petitioner and I again discussed the possibility for me to move to Seattle.
　　In January 2020, Petitioner booked an airline ticket for me to fly from Beijing to Seattle so I could spend the Lunar New Year with him. Before my departure from Beijing, I told Petitioner that my period may come soon, his response was:“Can emperor [Petitioner] have one request to my beloved wife [me]? - Buy medicine to postpone period…” (See Exhibit 3)
　　In 2020, Petitioner assured me his affection on me, also promised that “we may have chance in the future.”, and he was not ready for marriage yet while he was married. (See Exhibit 4, 5, 6)
　　In November 2021, Petitioner talked about his “bed romance,” made intimate comments such as “flip over and spank ass”.
　　In 2023, Petitioner told me after I deleted his WeChat, he opened my WeChat profile picture and WeChat Moments “endless times” to see me during that 13 months. (See Exhibit 7)
　　In January 2023, Petitioner showed me a statistic that nowdays young couple only have about twice sex a year. (See Exhibit 8)
　　Therefore, The amount of sex doesn’t hide the facts that Petitioner and I had intimate relationship even not physically together.

　　2)September 2022. Petitioner explicitly informed the Respondent that he was not single, despite this disclosure, the Respondent continued to pursue a sexual relationship with Mr. Dai. See Exhibits 1 (page 6).
　　Response from Respondent:
　　This is lie.
　　In September 2022, Petitioner did not say he is not single. I didn’t, never pursued sexual relationship with Petitioner. Petitioner’s evidence does not prove his statement.
　　Petitoner’s continuous intimate behaviors from 2016 to 2023 made me to expect a committed relationship with him, including marriage in the past 7 years, and clearly told him many times. I told him many times that I fully trusted and loved him. He also said he fully trusted and loved me, and promised me future possibilities many times. I wanted love and marriage, he wanted sex, that’s why he had sex with me every time when we met.
　　In fact, on 10/18/2022, during the conversation, I tried to ask if petitioner is single or not, said “I forgot if you have girlfriend or not”, Petitioner didn’t reply, only replied a emoji with a hand covering the face. I wrote diary that day, and told my friend about this. I have at least 3 witness from Europe and China to prove this. (See Exhibit 9)
　　On 10/18/2022, Petitioner said he can meet me on 10/20/2022 afternoon.
　　On 10/20/2022, It was during our sex that he, for the first time, told me that he was not single. Around 1 pm, petitioner came to my home. We sat on the couch talking, and he moved close to me saying he is not keeping distance with me. He started hugging me in various gestures. He put my head on his shoulder, then lifted me up and put my legs around his waist, then he lifted me upholding my whole body. After he hugged me for about some time in living room, he suggested to hug me in my bedroom. In my bedroom, he pushed me to the wall, held me closely and started kissing me. Then he gave me a BiDong/壁咚(a famous and sexual gesture for boss in popular Chinese TV)，and said “给你个壁咚“。Then he put me on my bed with himself on the top. He hugged me with more different gestures and kissed my lip and chest. During having sex, he said he is not single. After I heard that, I stopped, and cried. He wiped my tears with his kiss, started kissing me again, and took off my clothes and his clothes. I finally didn’t refuse him because I loved him and missed him. He came inside me without asking for my consent, then he said we need condom. I said I don’t have and asked him if he has. He smiled and asked me to guess. He took out two condoms from his jeans pocket. I asked him “You planned this!” He said “I don’t want to disappoint you”. We had sex till about 4 or 5 pm. Then we had a walk around lake, then he left home.
　　From 10/2022 to 02/2023, I suggested a few times break up. He said he didn’t like me to say break up. He said he “wanted negative distance with me”, “his love to me is 100%”, he “always likes me”, he “wanted to see me”, he “missed me”, he “wanted to live with me everyday and sleep with me every night,” that he, “within the limited space and time”, “tried his best to love and treasure” me, “tried every way to see me”, “tried his best to protect me”, he could “prove his love to me by missing me, by the highly frequent conversations with me, by withholding his desire for sex when he met me, by his care and his spiritual love to me”. Even on 04/24/2023, when he called me, and after he threatened me, he assured his “seriousness” in the relationship to me, and that he “feels pain when he could not see me.” (See Exhibit 10, 11 )

　　3)SEXUAL RELATIONSHIP ENDED FEBRUARY OF 2023– Petitioner told Respondent that it was time to end this and stop contacting him.
　　Response from Respondent:
　　This is lie.
　　On 02/20/2023, I suggested break up, he said he wants to continue relationship with me. He discussed with me a few times about how to improve our relationship. On 04/01/2023, he assured me that he wants our long term relationship. On 04/24/2023, after he threatened me in call, he still said he planned to see me 3 months later after his trip in China. (See Exhibit 11 )

　　4)She continued contacting him. Not over the top.
　　Response from Respondent:
　　No evidence.
　　I didn’t contact him after he promised me he wants our relationship on 04/01/2023. I deleted his WeChat and Skype. On contrary, he approached me on 04/24/2023, sent me friend request on WeChat. (See Exhibit 12 )

　　Refuting Page 3 Line 1:
　　5)Respondent admitted she published her love story, hiding parties’ name and personal information, for self-healing and farewell. However, the fact is that:
　　a.04/23/2023, Respondent wrote a large amount of pornographic content involving the details of the sex life and posted them on social media platform called Little Red Book (Similar to Twitter).
　　Response from Respondent:
　　1)Little Red Book is not similar to twitter. In Google store, Twitter has one Billion downloads with 20 Million reviews, while Little Red Book only has 5 Million downloads and 60K reviews. Comparing to twitter, Little Red Book is nothing. Actually, Little Red Book is mainly popular to young Chinese females. (See Exhibit 13 )
　　2)Evidence? 99% of the readers see my painful love, less than 1% see sex. What one sees reflects one’s mind. (See Exhibit 14, 15, 16 )

　　b.04/23/2023, Respondent knew Mr. Dai is an influencer on the internet, so she had the intention of harming Mr. Dai’s reputation and demanding compensation by exposing his channel name and exposing his initials in her posts. See Exhibits 2 (page6).
　　Response from Respondent:
　　1)No evidence to prove “intention of harming”
　　2)My story is my true experience with Petitioner. On 04/24/2023, when petitioner called me , he agreed that my story is true.
　　3)I didn’t mention his personal information to protect his privacy.
　　In 04/2020, I knew his Weibo. In about 03/2022, I heard his podcast on Himalaya. In about 2023, I noticed his Little Red Book.
　　From 2020 to 2023, when I told Petitioner that I saw his social media, he told me he doesn’t tell any of his family member, friend, colleague about his social media, that he only wants to tell when one day it’s more successful. So I thought none of his friends/colleagues know his social media. (See Exhibit 17)
　　In my story, I mentioned “xx说美国“，”3Million plays” “30000 subscribers”. However, 1) I used “xx” to protect his privacy. From “xx说美国“，it’s not easy to find his account. (See Exhibit 18)
　　Actually, this is spread by Amazon beauty group, a social media community on WeChat, which has 500 Chinese female members, who are Amazon employees or the wives of male Chinese Amazon employees. They forwarded my story, and discussed, found Petitioner’s Little Red Book, then one female member put all pieces together, then asked her friend, and then found his ins and saw the photos of Petitioner’s baby that posted by Petitioner on social media, then revealed the truth that Petitioner married at least in 2017 and has a baby from 02/2023. (See Exhibit 19)
　　Petitioner’s account had about 9 Million plays, 40000 subscribers in 04/2023, not as ”3Million plays” “30000 subscribers” mentioned in my story. (See Exhibit 20)
　　c.05/16/2023, The Respondent went to great lengths to publicly disclose the Petitioner's full name, making at least 10 such posts that were accessible to his audience of approximately 40,000 subscribers.
　　Response from Respondent:
　　What does this mean??? What 10 posts??? Where is evidence of “engage internet violence”??? “threaten?”-any Chinese speaker knows there was no threats, please ask the internet users who posted and commented my story and make s statistic.
　　Regarding full name: (I don’t see where is it?)
　　1)Petitioner denied his Chinese name is Dai Kang/代抗 On 03/21/2023 and 04/24/2023. As I don’t know his real name till now, I have no way to disclose his name.
　　2)When petitioner reported me to police on 05/01/2023, police clearly told him that “name” is public information. (See Exhibit 21)
　　3)Petitioner’s follower approached to me and said “name, marriage, having child” are public information in China. (See Exhibit 22)
　　d.05/16/2023, Respondent threatened Petitioner on her social media, stating, “I need compensation”, "If you don't answer me or come to see me, I will try all means to find people who might know you." See Exhibits 3 (page 9).
　　Response from Respondent:
　　1)I am not active on Himalaya, I started to use it from 03/2022, last time I used it as about 11/2022. I had about 90 inactive/dead/fake followers, no one ever left comment or communicated to me.
　　2)“I need compensation”, because Petitioner promised me on 04/24/2023, that I “could bring any demand to him” due to his 7 years lies and hurting to me. (See Exhibit 31)
　　3)I didn’t say “if you don’t come to see me”, I didn’t say “I will try all means”. This is complete wrong and misleading translation from Chinese to English.

　　Refuting Page 3 Line 3:
　　6)Respondent admitted she visited the Petitioner’s neighborhood and only took 2 pictures. However, the fact is:
　　a.05/01/2023. She posted the pictures together with Mr. Dai’s private audio record on her social media without obtaining any authorization, which is a clear violation of privacy. Furthermore, she intentionally marked the location as the neighborhood of the Petitioner's property, seemingly with the intention of making threats or causing intimidation. See Exhibits 4 (page 10).
　　Response from Respondent:
　　1)The fact is that: I meant to say farewell for my internal closure of the relationship, it’s only about myself, nothing about him. (See Exhibit 23)
　　2)I didn’t “intentionally” marked location as “neighborhood of the Petitioner's property”. it’s randomly-set location because I was in Issaquah, because there is no location called Issaquah on Little Red Book. That’s how Little Red Book works. “Swedish Issaquah Campus” is over 3200 feet away from the neighborhood “Issaquah west highland”. I didn’t “seemingly as a means of issuing threats or engaging in intimidation tactics”, no evidence, this is defamation on me. (See Exhibit 24 from “Jacobson Declaration”)
　　3)On 04/24/2023, after Petitioner called me, I didn’t record the call in the beginning. After he threatened me with his death at around 3AM, which made me very scared. Unknown internet users reminded me to record the call as evidence to protect myself. So I recorded to protect myself. His call was full of blames, threats, leis, begging and manipulation. At that time, I didn’t know that I need his authorization to record, I was too scared and exhausted and just wanted to protect myself. One who hears the call will know how he deceived me, blamed me, threatened me and manipulated me, will understand the entire matter. However, until I hired attorney, I learned that I need opposing party’s authority to record the call in WA. At that time, I just wanted to protect myself. I never experienced this in my life.
　　4)Anyone who see this post is not able to listen to it, as it’s just a google link, a very long and complicated link. The conversation is saved in private google link.
　　5)The purpose of the link is to defend myself from countless disgusting defamation on me, as unknown internet users suggested those defamation from Petitioner, Petitioner’s wife or their friends. (See Exhibit 25, 26)
　　6)I told petitioner about the defamation, but he ignored it.
　　7)To protect Petitioner’s privacy, I removed the part that includes/could disclose Petitioner’s personal information including his name. Therefore, it’s only about 1.5 hours, not 3 or 4 hours as he called me. (Petitioner took sexual photo of me without my knowledge and consent!)
　　8)The link doesn’t work well. Another link is blank. (See Exhibit 27)
　　9)The google link of our conversation worked at around noon time on 05/01/2023, a few hours later, I set the permission to private, so no one can listen to it, as I wanted to move on. I also deleted it later. (See Exhibit 28)
　　10)The link also included my voice. So Petitioner’s evidence showed that Petitioner also recorded my voice without my authorization.
　　11)The call/conversation/voice is not private, because when he called me, he was in a hospital - a public place, and there were third parties speaking, for example, his wife spoke with me and helped him lie, there was pass-by’s voices and horn sound.

　　b.She used Petitioner dog’s picture as her profile photo, seemingly as a means of issuing threats or engaging in intimidation tactics.
　　Response from Respondent:
　　1)No evidence of “seemingly as a means of issuing threats or engaging in intimidation tactics”
　　2)The picture of the dog is published by Petitioner on social media Weibo in 2020. it’s a public picture. (See Exhibit 29)
　　3)I used the picture on 04/23/2023. nothing to do with 05/01/2023.
　　4)I didn’t disclose his ID when I used this picture. I intentionally cut off the part includes his ID to protect his privacy. (See Exhibit 30)
　　5)On 04/24/2023, when Petitioner called me, he said “ can you hide yous post with profile picture of the dog?” He knew about the picture, he didn’t request me to remove it, but only waited till 05/16/2023, he requested in his petition for protection order. Actually I removed it soon.

　　Page 2
　　Refuting Page 3 Line 4:

　　7)Respondent acknowledged reaching out to the Petitioner despite the Petitioner's silence. The fact is that on 04/24/2023, after noticed the “love stories” on the internet, the Petitioner contacted with the Respondent, requesting the deletion of the posts. In response, the Respondent consistently demanded an apology. The Petitioner apologized through both messages and calls, but despite this, the Respondent failed to delete the post. Furthermore, the Respondent persistently insisted on an apology and compensation. In this regard, the Petitioner stated the following to ask her to stop:
　　a.“No need to say anything, that’s it, Bye”
　　b.“I don’t want to call again, let’s end it once for all. I can’t do what you order anymore” See Exhibits 5 (page 11).
　　Response from Respondent:
　　1)“Respondent acknowledged reaching out to the Petitioner despite the Petitioner's silence.” is a wrong expression. I contacted him because 1) I wanted explanation from the man who deceived me and manipulated me for 7 years while clearly knowing that I loved him. 2) because he promised that “I could bring any demands”, that he plans to “continuously apologize to me and listen to my demands”. (See complete conversation history in Exhibit 31)
　　2)“Petitioner contacted with the Respondent, requesting the deletion of the posts.” “Respondent failed to delete the post.” This is lie. Where is evidence? In fact, As he requested, I did hide my post. (See Exhibit 32, 33)
　　Why should I listen to him for everything? My writing of anonymous love story is my speech freedom! He used to dominate our relationship, acted as like emperor/king/master to me. For example, once, When he planned to meet me and when I told Kang Dai that my period may come soon, his response was:“Can emperor [Kang Dai] have one request to my beloved wife [me]? - Buy medicine to postpone period…”
　　What did he do for me?
　　3)When petitioner apologized to me on call or by message for his deception, it was his manipulation to request me to hide my posts. He told me more lies. The truth is in the call. See complete conversation history in Exhibit 31)
　　4)After I sent that deed to Petitioner, after 20 more hours, at around 9pm on 04/24/2023, Petitioner admitted his deception “from beginning to end”. after that, I first time asked for apology by WeChat Call. He refused. As a woman who has been lied to and hurt for such a long time, who fully trusted and loved him in the past, I wanted a call. See complete conversation history in Exhibit 31)
　　8)04/24/2023, Respondent said “My relationship with you is over.” Then, she said she wants compensation. Because he lied to her and impacted her for many years.
　　Response from Respondent:
　　“My relationship with you is over.” has no conflict to requesting an apology by call from the man who deceived and manipulated me for 7 years, who threatened me, used me again to protect himself, and especially Petitioner told me that “I could bring any demands”, that he plans to “continuously apologize to me and listen to my demands”. (See complete conversation history in Exhibit 31)
　　9)After 04/24/2023, Mr. Dai stopped answering any her calls/messages/email.
　　Response from Respondent:
　　On 04/24/2023, Petitioner told me that “I could bring any demands”, that he plans to “continuously apologize to me and listen to my demands”. (See complete conversation history in Exhibit 31)
　　Refuting Page 3 Line 7:
　　10)Respondent admitted she contacted third parties, the fact is that she harassed a large amount of non-related parties including the Petitioner, his family, company, managers, collogues, and Respondent sent multiple emails to an email list including random amazon employees to damage the Petitioner’s reputation.
　　Response from Respondent:
　　1)“she harassed a“ - not true, I didn’t “harass” (See Exhibit 34)
　　2)“ large amount “ - not true, not “large amount”, only 5 or 6 receipts who are Petitioner’s surperviors and HR. (See Exhibit 34)
　　3)“his family”- who? Where is evidence?
　　4)“to an email list including random amazon employees” - not true, only 5 or 6 receipts who are Petitioner’s surperviors and HR. (See Exhibit 34)
　　5)“to damage the Petitioner’s reputation”- not true, I didn’t have this intention.
　　Due to Petitioner’s threats in various ways on 04/24/2023, (see Exhibit 31), due to online posts attacking me and insulting me with slanders and defamation , which had over 100000 views, and were suggested to be from Petitioner, Petitioner’s wife, and friends, (Exhibit 25, 26) On April 27, 2023, fearing that Kang Dai may further defame my reputation, and due to his threats on April 24, 2023 and those online defamation which caused my severe fear, after a lot of hesitation, I sent email to Kang Dai’s supervisors and HR at Amazon to report Kang Dai’s misbehaviors. I decided to report Kang Dai to his supervisors at Amazon also because I believed that Kang Dai’s employer as neutral third party, should have the authority to make an internal investigation and reveal the truth. Because he said his colleagues all knew already, and his supervisors are Chinese, and in Chinese culture, manger and employee can manage such topic privately and peacefully. I did not report him to the police as I was hoping to resolve the problems privately and peacefully with Kang Dai. (See Exhibit 34)
　　Next day, I received reply from Amazon HR, who invited internal investigator to conduct investigation on this matter. On May 2, 2023, Amazon investigator invited me to attend a meeting at the same day for investigation. On May 8, Amazon notified me that investigation with Kang Dai was postponed to July due to his off work 2 months, and the investigation will only conduct after his return to work. I have never received any notice from Amazon Inc., or from any of Kang Dai’s supervisors that my report had harassed anyone or misbehaved anyway. On contrary, Amazon HR, investigator and his supervisor all replied me, and tole me Amazon encourages anyone to report any concern, and promised to take it seriously. (See Exhibit 34)

　　11)From about April 24 night to about May 13, she started calling and messaging Petitioner multiple times every week and asking for financial compensation.
　　a.Contacting up to 12 times a day.
　　i.April 24 night, 11 messages, 1 call
　　ii.April 25, 3 messages
　　iii.April 26, 1 message
　　iv.April 28, 1 message
　　v.May 10, 6 messages
　　vi.May 11, 3 messages
　　vii.May 12, 2 messages
　　viii.May 13, 1 message
　　During this time period, he never responded.
　　Response from Respondent:
　　1)(See Exhibit 35)
　　2)Every week? From 04/28/2023 - 05/10/2023, about 2 weeks no contact, as I decided to move on, after Petitioner deceived, manipulated, hurt me for 7 years. (See Exhibit 35)
　　3)“asking for financial compensation.” as promised by petitioner that “I could bring any demands”, that he plans to “continuously apologize to me and listen to my demands”. (See complete conversation history in Exhibit 31)
　　4)“he never responded” - he didn’t respond after he deceived, manipulated, hurt me for 7 years, and after he threatened me in various ways. See complete conversation history in Exhibit 31)
　　12)APRIL 28, Mr. Dai was diagnosed as Depression with anxiety caused by the above event. See Exhibits 6 (page 12).
　　Response from Respondent:
　　There is no evidence to prove the connection with me.
　　Evidence doesn’t show date, hospital, doctor.
　　However, I have compassion on him. It must not feel well after 7 years cheating was exposed by his friends. He must also had lots of pressure while meeting me during his wife’s pregnancy.
　　Actually, in 05/2023 and 06/2023, after he knew I received the temporary protection order, he started working on social media, with very cheerful voice. (See Exhibit 36)
　　13)APRIL 30, she posted 2 google drive links on www.1point3acres.com, one of the most influential Chinese communities in North America. (Impact of the post: 38K+ views, 77 comments)
　　a.One link is the same content as posted in the Little Red Book
　　b.The other one is the audio record of the calls with him on April 24, without his authorization. See Exhibits 7(page 12).
　　Response from Respondent:
　　1)Repeat again as mentioned this in “Page 1 point 6, a, b”.
　　2)1point3acres.com is NOT “one of the most influential Chinese communities in North America.”, at least I don’t know. I registered my account on 04/23/2023 as internet user mentioned to me about this website. (See Exhibit 37)
　　3)1point3acres.com is for people who study or work in U.S. That’s all. (See Exhibit 38)
　　4)My post is under subject “Intimacy”. (See Exhibit 39)
　　5)“38K+views, 77 comments” - It doesn’t mean 38K+ people read it; “77” doesn’t mean 77comments, any Chinese reader know it. One google linked doesn’t work, one google link is blank. Therefore, “impact” is not true. (See Exhibit 27)
　　6)The google link of our conversation was published on 05/01/2023 at around noon time, a few hours later, I set the permission to private, so no one can listen to it, as I wanted to move on. I also deleted it later. (See Exhibit 28)
　　7)If you look at the post, you will see most are just arguments between internet users, not relevant to petitioner. Some are slanders towards me. Please read the post.
　　12)“audio record” - Repeat this again as mentioned this in “Page 1 point 6, a, b”. On 04/24/2023, after Petitioner called me, I didn’t record the call in the beginning. After he threatened me with his death at around 3AM(See Exhibit 31), which made me very scared. Unknown internet users reminded me to record the call as evidence to protect myself. So I recorded to protect myself. His call was full of blames, threats, leis, begging and manipulation. At that time, I didn’t know that I need his authorization to record, I was too scared and exhausted and just wanted to protect myself. One who hears the call will know how he deceived me, blamed me, threatened me and manipulated me, will understand the entire matter. However, until I hired attorney, I learned that I need opposing party’s authority to record the call in WA. At that time, I just wanted to protect myself. I never experienced this in my life.
　　13)Petitioner’s evidence showed that he also recorded y voice without my authorization.
　　14)The call/conversation/voice is not private, because when he called me, he was in a hospital - a public place, and there were third parties speaking, for example, his wife spoke with me and helped him lie, there was pass-by’s voices and horn sound.