In May 2023, China’s Supreme People’s Court and Supreme People’s Procuratorate issued the “Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Rape and Molestation of Minors” (hereinafter the “Interpretation”, 关于办理强奸、猥亵未成年人刑事案件适用法律若干问题的解释).
The highlights of the Interpretation are as follows.
- A severer punishment shall be given to a person who performs special duties and has sex with female children.
- A severer punishment shall be given to a person who intrudes into a residence or student dormitory to have sex with the victim.
- The circumstance where a person videotapes, photographs, or produces other video materials of the process of rape or sexual abuse, or of the victim’s private parts, and uses such materials to coerce the victim to rape and have sex with the victim, or results in the dissemination of video materials to many people and the disclosure of the victim’s identity shall be determined as an aggravated
- Anyone who has sex with a female child and causes the victim to suffer from syphilis, gonorrhea, or any other severe venereal disease shall be determined to have caused injury to a female child; causing a female child to be infected with HIV shall be determined to have caused serious injury to the victim.
- Anyone who coerces or induces a minor to expose his/her private parts or to commit any obscene act by such means as online video chatting or sending videos or photos shall be convicted and punished for the crime of coercive molestation or the crime of molesting a child.
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Contributors: CJO Staff Contributors Team
