Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of the Rape or Molestation of Minors

Promulgation Date: 2023-5-24
Title: The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Regarding the Applicable Law for Handling Criminal Cases of the Rape or Molestation of Minors 
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Promulgating Entities: Supreme People's Court, Supreme People's Procuratorate
Source of text: https://www.spp.gov.cn/xwfbh/wsfbt/202305/t20230525_614872.shtml#1

So as to lawfully punish crimes of rape and molestation of minors, and to protect the lawful rights and interests of minors, the following Interpretation is made on the basis of the Criminal Law of the People's Republic of China and other related laws:

Article 1: Where illicit sexual relations are had with underage girls, heavier punishments are to be given in accordance with the second paragraph of Criminal Law article 236. In any of the following circumstances, a heavier punishment range shall be applied:

(1) Where the illicit sexual relations were carried out by persons with special duties;

(2) Where methods such as violence or coercion were used to carry out the illicit sexual relations;

(3) Where illicit sexual relations were carried out by entering a residence or student dormitory;

(4) Where illicit sexual relations were carried out against a victim who is a left-behind child, has a serious disability, or is mentally retarded.

(5) Where other minors are used to lure, introduce, or coerce victims;

(6) Where they have previously been criminally sentenced for rape or molestation.

Where the rape of a female minor who is already 14 years old has any of the situations provided for in item (1) or items (3)-(6) above, or where light injuries were caused to the victim or they contracted serious sexually transmitted diseases such as syphilis and gonorrhea, the conviction and sentencing are to be in accordance with the first paragraph of Criminal Law article 236, and a heavier sentence is to be given.

Article 2: Where the rape of a minor 14 years or older or illicit sexual relations with an underage girl has any of the following circumstances, it shall be found that the “circumstances of raping a woman or underage girl are vile” as provided by item (1) in the third paragraph of Criminal Law article 236.

(1) Where persons with a special responsibility committed the rape or illicit sexual relations multiple times;

(2) Where there were of acts of serious destruction or humiliation;

(3) Where there was unlawful detention, or where drugs were used to lure or control the victims;

(4) Where other minors are used to lure, introduce, or coerce victims multiple times;

(5) Where the rape or illicit sexual relations were carried out over a long time;

(6) Where the illicit sexual relations were against a mentally retarded victim and caused them to become pregnant;

(7) Where images such as video or photos were taken of the rape or illicit sexual relations, or of the private parts of the victims’ bodies, in order to coerce the victims in committing rape or illicit sexual relations, or where the images were transferred to many people, exposing the victims’ identities.

(8) Other situations of heinous circumstances.

Article 3: Where the illicit sexual relations with an underage girl have any of the following situations, it shall be found to be “causing harm to an underage girl” as provided for in item (5) of the third paragraph of Criminal Law article 236:

(1) Causing light injury to an underage girl;

(2) Causing an underage girl to contract a serious sexually transmitted disease such as syphilis or gonorrhea;

(3) Situations causing other harm to the underage girls’ physical or mental health.

Article 4: Where the rape of a female minor 14 years or older or the illicit sexual relations with an underage girl causes them to be infected with HIV, it shall be found to have ”caused serious injury to the victim” as provided for in item (6) of the third paragraph of Criminal Law article 236.

Article 5: In any of the following situations, where persons with special duties towards female minors between the ages of 14 and 16 have sexual relations with those female minors, it shall be found to be “heinous circumstances” as provided for in Criminal Law article 236-1.

(1) They had sexual relations for a long time.

(2) They had sexual relations with multiple victims;

(3) They caused the victim to be infected with HIV or to contract a serious sexually transmitted disease such as syphilis or gonorrhea;

(4) Where images such as videos or photos were produced of the sexual relations, or of the private parts of the victims’ bodies, and transmitted the images to many people, exposing the victims’ identities.

(6) Other situations of heinous circumstances.

Article 6: Where a person with a special duty to minor females who are at least 14 years old exploits their superior position, or the victims' isolation and helplessness, to pressure a minor victim to have sexual relations with them, it is to be convicted and punished as the crime of rape in accordance with Criminal Law article 236.

Article 7: Where child molestation has any of the following situations, it shall be found to be “causing injury or other serious consequences to a child” as provided for in item (3) of the third paragraph of Criminal Law article 237:

(1) Causing a light injury or worse to the child;

(2) Causing the child to injure or kill themselves;

(3) Situations causing other injuries or serious consequences to the children’s physical or mental health.

Article 8: Where child molestation has any of the following situations, it shall be found that “the methods of molestation were vile or there were other heinous circumstances” as provided for in item (4) of the third paragraph of Criminal Law article 237:

(1) Where molestation was carried out by methods such as anally or orally penetrating the victim with reproductive organs, or by penetrating the victims’ genitals or anus with other body parts or items;

(2) Where there were of acts of serious destruction or humiliation;

(3) Where images such as video or photos were taken of molestation, or of the private parts of the victims’ bodies, in order to coerce the victim in molestation, or transmitting the images to many people and exposing the victims’ identity.

(4) Employing other vile methods in molestation or where there are other heinous circumstances.

Article 9: Where the coercion or luring of minors to expose their bodies’ private parts or to carry out obscene acts through means such as online video chats or by sending videos and photos meets the requirements of Criminal Law article 237, the conviction and punishment are to be for the crimes of forcible indecency or child molestation.

Where minors are coerced or lured into carrying out the conduct described above through online livestreaming, concurrently meeting the requirements of Criminal Law articles 237 and 365, constituting the crimes of forcible indecency, child molestation, and organizing pornographic performances, the conviction and punishment are to be for the crime with more serious penalties.

Article 10: Where the crime of molesting a minor is committed, causing the victims to suffer light injuries or more serious consequences, concurrently meeting the requirements of Criminal Law article 234 or 232, constituting the crime of intentional harm or intentional homicide, the conviction and punishment are to be for the crime with more serious penalties.

Article 11: Where an adult defendant in the crimes of rape or molestation of minors admits guilt and accepts punishments [pleads], strict control shall be taken over whether the punishment should be lenient and the degree of leniency.

Article 12: When adult defendants are given punishments for raping a minor, a suspended sentence is not generally not applied.

Where a suspended sentence is announced at the same time as sentencing, a restraint order may be announced at the same time, on the basis of the circumstances of the crime, restricting the criminal from engaging in work or activities connected to minors during the probationary period of the suspended sentence, and restricting entry in elementary schools, junior high schools or kindergartens as well as other places where minors congregate. Except as upon approval by the enforcement organ for reasons such as study or residence.

Article 13: Where one’s profession is used to carry out crimes such as the rape or molestation of minors, the people's court shall apply professional prohibitions in accordance with law.

Article 14: Those who cause physical injury in committing crimes such as rape and molestation against minors shall give compensation for the reasonable costs of treatment and rehabilitation such as fees from treatment, nursing care, transportation, nutrition, and hospital stays, as well as for the resulting loss or reduction of income.

Where, based on forensic opinions or diagnosis documents, it is necessary to conduct psychological counseling treatment and rehabilitation for minors, the related expenses required shall be found to be reasonable costs as provided for in the preceding paragraph.

Article 15: “Persons with special duties” as used in this Interpretation refers to persons with duties towards minors such as for guardianship, adoption, care, education, or medical treatment, including persons who live with the minors and have actual duties such as for care and protection.

Article 16: This Interpretation takes effect on June 1, 2023.