Child Molestation or Rape? The Injustice in CCP Criminal Law

On June 17, Wang Zhenhua, the former chairman of Future Land Development Holdings Limited, who was highly concerned about the child molestation case, was sentenced to five years in prison by the Shanghai Putuo District People’s Court in China. The court stated that there was no sexual organ contact between Wang Zhenhua and the victim, and thus there was no way to determine it is the crime of rape, but only the crime of child molestation, because Wang Zhenhua did not commit the crime in public and without situation of “being abominable”, he committed only indecency on a victim under the age of 12 and caused the victim to have second degree injury and should be given harsher punishment with discretion. Wang Zhenhua refused to confess his criminal acts. The public prosecution agency recommended that Wang Zhenhua should be sentenced to more than four years but not more than five years in prison. Therefore, the defendant Wang Zhenhua was given “heavier penalty” and sentenced to five years in prison. It seems to the public that they severely punished Wang Zhenhua in accordance with the law in pursuit of justice.

According to Article 237 of the Criminal Law of the Communist Party of China, the crime of indecent assault is stipulated. The basic punishment for this crime is fixed-term imprisonment of not more than five years or detention. However, the basic punishment for the crime of rape specified in Article 236 of the Criminal Law is a fixed-term imprisonment of more than three years and less than ten years. The aggravating circumstances can be sentenced to more than ten years in prison, life imprisonment or even death penalty. It is easy to see that the punishment for the crime of rape is more severe than punishment for child molestation. In the case of child molestation, maximum penalty is five years as long as it is not congregation nor in public places. If it is a crime of rape, penalty can reach ten years or even higher.

Wang Zhenhua sexually assaulted a 9-year-old girl, causing the girl’s vagina to tear.  But Why can the CCP’s laws allow such a criminal to be lightly punished to only five years in prison? Because there are some fundamental loopholes in CCP’s juvenile law.    CCP’s juvenile law is unable to protect minors. it was obviously a rape, but the CCP judicially was found guilty of indecent assault. Not only it was judged as indecent assault, but also it is shameless to say that the punishment given to Wang Zhenhua is “heavier”, treating the people as fools. According to the laws of the Communist Party of China, the crime of rape only refers to the insertion of male sex organs into female sex organs. The use of body parts other than genitals and the use of other foreign objects or tools to “insert” the victim’s sexual organs can only be convicted of child molestation. In this way, Child molestation becomes a protective net for raping of a child. Just as this case, the court held that Wang Zhenhua only used his hand during the crime, and no contact or insertion of sex organs occurred between the two. Therefore, rape with hands is not “rape”.

We know that in countries all over the world, violation of minor is a very severe crime. Based on the notion that people under a certain age cannot agree to sexual contact or sex because they lack the maturity or judgment necessary to make informed choices about sexual behavior. This is a strict liability or statutory crime, because the minor’s consent is irrelevant, and the defendant’s intentions and their views on the age of others are usually irrelevant. Even if no force is involved and both sexes agree, having sex with a minor is a crime solely because of the person’s age. In the United States and other countries with rule of laws in the world, rape is defined as “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” In contrast, according to Chinese Communist Party law, rape was only defined as insertion of male sex organs into female sex organs.

This is the sadness of the CCP law. A law with Chinese characteristics that appears to protect young girls but it actually encourages this horrific crime. Only in such a country will an old man worse than a monster rip the vagina of a 9-year-old girl by hand, and was only sentenced to five years in prison in the end.

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