In order to meet his own deformed needs, Wang Moumou pretended to be a female staff member of the child star review team, and after obtaining the trust of the murdered girl through qq chat software, in the name of reviewing the child star's need to check the physical development first, he lured and instigated 11 girls aged 10-13 years old, such as Xiao Huan and Xiao Juan, to take indecent photos and videos of private parts for them to watch. If the aggressor did not have direct physical contact with the child victim, can such acts be considered a child molestation crime?
After accepting the case, the Shanghai Jiading District Procuratorate held that Wang Moumou used the "child star review" as bait, used the victim girls' psychology to realize the "star dream", and coaxed and threatened them step by step, forcing them to commit self-indecent acts, seriously infringing on the children's personal dignity and physical and mental health, and should be found to constitute the crime of child molestation, and should be found to have other bad circumstances, and given a heavier punishment. In the end, the court sentenced Wang to 10 years in prison for child molestation. The successful handling of this case has certain guiding significance for judicial practice, and it is also a crime to determine that the network is "obscene in the air".
▲The scene of the press conference. Courtesy of Jiading District Procuratorate
This is one of the typical cases reported at the press conference and procuratorial open day on juvenile cybercrime cases held by the Shanghai Jiading District Procuratorate on the afternoon of October 19. The meeting reported on the relevant situation of the court's handling of juvenile cybercrime cases in the past three years, and introduced the work of protecting minors on the Internet.
The number of juvenile cases involved in cybercrime is increasing year by year
At the meeting, the Jiading District Procuratorate released the "2018-2020 Jiading District Juvenile Cybercrime Case Analysis Report". The "Report" shows that from 2018 to 2020, the number of juvenile cybercrime cases accepted by the court accounted for 16%, 20.9% and 23.8% of the number of juvenile cases accepted that year, respectively, and juvenile cybercrime cases showed an upward trend year by year.
From the perspective of identity, more than half of the juvenile cybercrime cases are juvenile crime cases, and the proportion of cases in which the victim is a minor is not high; from the perspective of gender, the proportion of male and female suspects in such cases is high, with a male-female ratio of about 4:1; from the perspective of educational level, junior high school and below account for three-quarters; from the perspective of joint crimes, as many as 11 cases are joint crime cases, 1 case is related crime case, and the joint crime rate is as high as 40%.
The "Report" pointed out that in juvenile cybercrime cases, the people involved in the case generally have a weak sense of law and are susceptible to "brainwashing" education; their living conditions are poor, and it is difficult to resist the temptation of the "high return" trap; the lack of home-school education and the failure to effectively supervise "long distance" are also the main reasons for the occurrence of cases.
The "Report" recommends that we severely punish cyber-related crimes, establish a complete coordination mechanism around investigation and handling, litigation, supervision, and other links, and jointly safeguard the lawful rights and interests of minors; implement special procedures for the Criminal Procedure Law, and guide minors to return to society in line with the principle of "education first, punishment as a supplement"; strengthen home-school linkage, use schools to drive families, use families to create a good environment for network security education, and help minors stay away from online negative information and illegal crimes; strengthen rule of law education, and regularly send the law to campuses, communities, and families. Innovate forms of rule of law education, raise minors' awareness of safety; increase the intensity of supervision, jointly carry out special actions to combat cybercrime, improve supporting regulatory measures, raise the level of online protection technology, and bring about full coverage of the protection of minors' rights and interests in cyberspace, with no dead ends.
Conservation Guide Reminds to Avoid "Pits"
"The online world is disturbed, online dating, online part-time jobs, online games may be traps everywhere, minors have limited cognitive level, relatively lack of social experience, so it is particularly important to teach teenagers how to protect themselves." On the day of the event, the Jiading District Procuratorate issued the "Guidelines for the Protection of Minors on the Internet", which started from the three aspects of vigilance against network traps, vigilance against Internet addiction, and safe Internet secrets, and introduced 5 small stories adapted from real cases in the form of pictures and texts, namely, network luring drug use, network help to commit crimes, online dating cheats, network "air indecency" and network tip anchors, etc., through vivid case stories to help minors see through various routines in the online world and improve minors' awareness of self-prevention.
In addition, the cognition of minors is still in the development stage and is very susceptible to the characteristics of external influence, and the "Guide" specifically reminds minors to better regulate online behavior from the aspects of protecting personal information, identifying online scams, staying away from online sexual assault, and reasonably arranging online time.
Source: WeChat public account China anti-cult