On May 5, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecent Assault of Minors (the Interpretation). Crimes of rape and indecent assault on minors are severely punished in accordance with law.
He Li, member of the Adjudication Committee of the Supreme People's Court and president of the First Criminal Division
The Interpretation further clarifies the conditions for conviction of relevant crimes and the criteria for determining the aggravating and aggravating circumstances. This includes clarifying the conditions for criminalizing indecent acts committed through the Internet; Clarify a number of circumstances in which heavier punishments apply to rape of underage girls or rape of minors; Clarify multiple aggravating circumstances such as rape and indecent assault, "aggravating circumstances", and "causing harm to the victim"; It is clear that the application of probation for such crimes is strictly controlled, as well as the application of prohibition orders and prohibitions on practice in accordance with the law.
【Explanation】What kind of circumstances fall within the scope of heavier punishment? How is "aggravating circumstances" determined? He Li introduced that the "Interpretation" has clarified the above issues.
He Li, member of the Adjudication Committee of the Supreme People's Court and president of the First Criminal Division
(We) studied and demonstrated, listened to opinions, and finally sorted out the most typical and harmful situations, and studied and formulated the aggravating circumstances and aggravating circumstances involved in this Interpretation. For example, provisions for violations against left-behind children in rural areas, and provisions for victims of mental retardation, such special groups. As to how to apply the "aggravating circumstances" of rape of women and rape of underage girls under the Criminal Law, seven aggravating circumstances are listed, for example, illegal detention or the use of drugs to lure or control the victim, then we believe that these circumstances should be classified as "aggravating circumstances" and should be aggravated punishment.
Previously, the Criminal Law added the crime of "sexual assault by persons with care duties", but the Interpretation further stipulates that if special duty personnel use their dominant position to force the victim to have sexual relations, it constitutes the crime of rape, how to grasp the boundary between the two crimes? He Li answered.
He Li, member of the Adjudication Committee of the Supreme People's Court and president of the First Criminal Division
In view of the fact that persons with special duties such as guardianship, adoption, care, education, and medical treatment for minor women between the ages of 14 and 16, even if the relationship between the two is in a voluntary relationship and occurs voluntarily, the Criminal Law Amendment (11) also constitutes the crime of sexual assault of persons with care duties. Then this type of special duty personnel, if he takes advantage of the dominant position or the victim's isolated situation to force the victim to have sexual relations with him, we will be convicted and punished according to the crime of rape. For example, if your parents threaten not to pay living expenses, (even) I will kick you out of the house, the doctor threatens not to give treatment, the teacher threatens not to pass the exam, (or) is not allowed to come to school, the coach threatens you not to give you a game if you do not do this, does not give you opportunities, the opportunity to compete, etc., threatening underage women to have sex, then in essence it goes against the true will of the victim and meets the constituent elements of the crime of rape.
With the popularization of the mobile Internet, the phenomenon of indecent assault of minors through the Internet has begun to increase. The Interpretation also clarifies the application of law in such situations.
He Li, member of the Adjudication Committee of the Supreme People's Court and president of the First Criminal Division
We clearly stipulate in the Interpretation that those who coerce or trick minors into exposing their private parts of their bodies or committing obscene acts through online video chats, or sending videos, photos, etc., shall be punished in accordance with the crime of indecency, and those who photograph the process of adultery or indecency or the victim's private parts of the body to coerce the victim into rape or molesting, or cause video materials to be disseminated to multiple people or expose the identity of the victim, shall be given an increased punishment in accordance with law, in response to new issues in the protection of minors in the information network era.
(Reporting by Li Jiali in Beijing)
Responsible Editor: [Zhou Chi]