The Supreme People's Court and the Supreme People's Court issued judicial interpretations on punishing crimes of sexual assault against minors

Beijing, May 5 (Zhongxin Net) -- On May 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation 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" (hereinafter referred to as the "Interpretation"), severely punishing rape, indecent assault and other crimes of sexual assault against minors.

The scene of the press conference. Photo by Yuan Xiuyue

Clarify the six situations in which a heavier and heavier punishment range applies to adultery of an underage girl

The reporter learned that the "Interpretation" consists of 16 articles, mainly including six aspects.

He Li, member of the Adjudication Committee of the Supreme People's Court and president of the First Criminal Division, said that the first is to clarify the circumstances in which a heavier and heavier punishment range applies to rape a young girl. Article 1 of the Interpretation lists six circumstances in which the "heavier punishment for adultery of an underage girl" should be applied under the Criminal Law, including those who commit adultery by means of violence or coercion, those who invade homes or student dormitories to commit adultery, and so on.

The Interpretation also clarifies that adult defendants who rape or molest minors who admit guilt and accept punishment shall strictly determine whether and to be lenient in punishment.

The second is to clarify the criteria for determining the "aggravating circumstances" of rape of underage women and rape of underage girls. He Li said that Article 2 of the Interpretation lists seven aggravating circumstances for how to apply the circumstances of "rape of a woman and rape of an underage girl" stipulated in the Criminal Law. For example, illegally detaining or using drugs to lure or control victims is "egregious" and shall be given an increased punishment. Article 3 of the Interpretation refines the aggravating circumstances of "adultery causing injury to a young girl" under the Criminal Law, further highlighting the severe punishment.

Third, it clarifies the aggravating circumstances for the crime of sexual assault by persons with care duties. He Li introduced that Article 5 of the Interpretation clarifies the criteria for determining that the crime of sexual assault by persons with care duties is "egregious" and should be aggravated in the criminal law in terms of the time, number of people, means, and consequences of the crime.

Article 6 of the Interpretation also stipulates that if a person with special duties for a minor female takes advantage of his dominant position or the victim's situation of being isolated and helpless to force the victim to have sexual relations with him, he shall be convicted and punished as the crime of rape with a heavier statutory penalty, and the crime shall be punished in accordance with law, accurately and forcefully.

Where special duty personnel take advantage of their dominant position to force the victim to have sexual relations, it constitutes the crime of rape

In response to a reporter's question, the Criminal Law has added the crime of sexual assault by persons with care duties, why does the Interpretation also stipulate that if special duty personnel use their advantageous position to force the victim to have sexual relations, it constitutes the crime of rape? He Li said that the Interpretation uses two articles to set out the criteria for determining the "egregious circumstances" of the crime of sexual assault by personnel with care duties, and the conditions for special duty personnel to constitute the crime of rape, aiming to clarify how to determine that it is against the will of the victim under special circumstances, and more accurately distinguish this crime from another crime.

He Li said that in view of the unequal relationship between persons who have special duties such as guardianship, adoption, care, education, and medical treatment for minor women between the ages of 14 and 16, in order to protect women of this age, even if both parties have sexual relations voluntarily, according to the provisions of the Criminal Law Amendment (11), it also constitutes the crime of sexual assault of persons with care duties.

"The crime of rape is the rape of a woman by violence, coercion and other means, and its essential feature is against the will of the victim. Where special duty personnel take advantage of their dominant position over minors, or where the victim is isolated and helpless, forcing the victim to have sexual relations, the essence is an involuntary act against the will of the victim, and the perpetrator cannot be recognized as a crime of sexual assault by personnel with care duties, but should be recognized as a crime of rape. ”

He Li said that for example, if parents threaten not to pay living expenses or even kick out of the house, doctors threaten not to give proper treatment, teachers threaten not to pass exams, coaches threaten not to give opportunities to play, etc., coercing underage women to have sexual relations should be regarded as violating the will of the victim and constituting the crime of rape. The Interpretation clearly stipulates this situation in order to avoid leniency and ensure balanced punishment.

In addition, the Interpretation clarifies the aggravating circumstances for the crime of child molestation. Articles 7 and 8 of the Interpretation further refine the two aggravating circumstances added to the Criminal Law for indecent assault "causing harm to children or other serious consequences" and "indecent means or other egregious circumstances". For example, where it is clear that indecent assault causes minor injury or self-harm to a child, or makes a video of the indecent assault process to coerce the victim into molesting, the punishment shall be increased.

The Interpretation also clarifies the standards for the application of law in some special circumstances, and clarifies the scope of medical expenses to support victims in cases of rape or molestation of minors. The reporter learned that the "Interpretation" will come into force on June 2023, 6. (End)