Does China's 'child prostitution’ law protect rapists?

(Ecns.cn) -- Legal experts say the charge of "inducing child prostitution" undermines the interests of children and should be reconsidered, according to a program aired on China Central Television (CCTV).

In recent years, an increasing number of child sex offences have come to light in China, enraging citizens nationwide. However, people are not just angered by the crimes, but also by laws that do little to protect minors from those crimes.

Last month, child sex offences were listed among the top 10 most widely-watched cases related to the protection of juveniles in China. According to a report by the Beijing Youth Legal Support and Research Center, children now face more threats from sexual assault and domestic violence than in the past, yet Chinese law does little to dissuade violators.

Slap on the wrist

On April 5, 2012, six people in Yongkang, Zhejiang Province, were arrested on suspicion of "sheltering and introducing prostitution."

According to an unnamed local source, the prostitutes in the case included more than 20 junior middle school pupils from three local schools, including Yongkang No. 4 Middle School.

Lu Hongfei, that school's principal, told China Daily that there have been child prostitution scandals in the county for years. Some local students think it's acceptable to trade their virginity for 5,000 yuan ($786), he said.

Meanwhile, offenders are often given a slap on the wrist for having sex with underage girls. The problem is the country's criminal law, which stipulates that if a girl is under 14, the offence is defined as "inducing child prostitution" but not "child rape."

Last year, a 12-year-old girl was raped by four township officials in Lueyang County in Shaanxi Province. The men were fined and received light jail terms of 3 to 7 years on the grounds that they hadn't realized the girl was underage when the crime took place, and that she had been subsequently paid for her time.

In early 2009, more than a dozen middle-school girls under 14 were forced to have sex with men in Xishui, Guizhou Province. The "customers" were later fined and given meager prison sentences ranging from 5 to 15 days, all because Chinese law does not identify such a crime as rape.

Misplaced blame

In 1997, China established the act of "inducing child prostitution" as a separate crime, which often only requires offenders to pay fines or face minimal jail sentences (although severe jail terms have been handed down in extreme cases). Prior to that, all child rapists received sentences of at least 15 years in prison.

Since its establishment, the crime of "inducing child prostitution" has been hotly debated among legal experts, with many calling for its abolishment.

The charge of "inducing child prostitution" is not powerful enough to protect young girls, and those who force underage girls to have sex should face the same punishment as child rape, said Zhen Yan, vice chairwoman of the All-China Women's Federation and a member of the 11th National Committee of the Chinese People's Political Consultative Conference (CPPCC).

Wang Zhixiang, professor at the College for Criminal Law Science of Beijing Normal University, has similar opinions. Wang said young girls are not fully responsible for their sexuality and need more protection than adults, yet meager punishments for "inducing child prostitution" have convinced the public that the law has no teeth.

The law also discriminates against children by identifying them as de facto prostitutes in the event of an assault, experts say, adding that the essence of the law should be changed to protect the young, not place the blame on them.

Children should be safeguarded, and the charge of "inducing child prostitution" is ignorant and discriminatory of their rights and interests, said Tong Lihua, director of the Beijing Youth Legal Support and Research Center.

Protecting the young

Apart from sex-related crimes, domestic violence is also a problem the Chinese public is increasingly worried about.

On July 6, 2011, a 7-year-old girl jumped from a high-rise building because her stepmother had refused to adequately feed her. After the girl was found by her neighbors, it was revealed that she had been tortured by her stepmother for years.

Such behavior is not rare in China, especially in reorganized families. But like the charge of "inducing child prostitution," the law does not threaten offenders with serious punishment, so the behavior continues.

Experts say the government should take concrete measures to protect children's rights and interests and ensure a healthy environment for their growth – strengthening legal protection for them is an essential step.