The legal definition of child rape and prostitution in the existing Criminal Law of China undermines the deterrent power of law and gives child rapists a free ride.
The 236th article of the existing Criminal Law of China defines child rapists as "whoever has sexual intercourse with a girl under the age of 14." Child rape cases are defined as consistent with sexual intercourse. In a child sexual assault, if no evidence of penis penetration is found, the case would not be legally defined as rape.
The World Health Organization's definition of rape is "physically forced or otherwise coerced penetration - even if slight - of the vulva or anus, using a penis, other body parts or an object." In comparison, China's legal definition of child rape rules out the use of objects and other body parts. It also doesn't address male victims.
Cases without evidence of penis penetration may be defined as a lesser crime of "acting indecently against children," which means satisfying one's sexual desire without sexual intercourse. The 236th article of the Criminal Law of China sentences child rapists to imprisonment of up to 10 years, while under the 237th article, criminals who "act indecently against children" will be sentenced to imprisonment of not more than five years.
On May 15, 2013, a school principal and a government official in Wanning city of Hainan province, who were reported to have spent the night with six primary school girls, were accused of "acting indecently against children" by local authorities, although the parents provided evidence of sperm-stained underwear and medical reports showing that the girls suffered physical injuries. The case prompted Chinese netizens to question whether the legal distinction leaves a back door to child rapists.
The school head was accused of rape by local authorities on May 25. Authorities in Wanning said the charges were altered after their latest findings contradicted an earlier investigation, which said the suspects did not have sexual intercourse with the girls. But Chinese media questioned whether the Wanning police would have changed the charges without the outrage from Chinese netizens, who kept track of the case.
Actually, the legal distinction between child rape and "acting indecently against children" is not the only shortage that leads to inadequate legal protection for underage girls against sex abuse.
According to the 360th article of the existing Criminal Law of China, child prostitution carries a sentence of at least five years and a fine. This item gives criminals a free ride to escape rape charges. Any child sex abuse cases in which the suspect paid for the sex can be ruled as prostitution, whether the victims involved were coaxed, induced or forced.
In December 2011, three local government officials and a businessman in Lueyang county, Shaanxi province, were reported to have intercourse with a 12-year-old girl. The police, after investigation, charged the four suspects of child prostitution, as they found the girl was introduced by one of her acquaintances to have sex with the four men for money.
Even in the case of the school principal, Chinese netizens have expressed cautions that he might be charged with child prostitution and thus receive a lighter punishment. The police in Wanning once claimed that one of the six girls received a smart phone from the government official after they had sexual intercourse.
