In recent years, crimes against minors have generally increased, and cases of sexual assault against minors have continued to occur frequently, becoming the most prominent crime against minors. Public security organs, procuratorates, and people's courts are to punish crimes of sexual violations against minors strictly, quickly, and severely in accordance with law, and resolutely crack down on those who challenge the bottom line of law and morality and ethics, and never tolerate them. A person close to him is a trustworthy person? Is a netizen really a good friend? A boy will not be a victim? Is it a good person for a stranger to give money? Does puppy love lead to a crime? Is it a crime to "touch it"? Is it a crime if she agrees to it? We focus on real cases of court sentences and punishments, aiming to raise the awareness of the whole society to protect minors. Hold the "sharp sword" together, cut off the "hand of sin", and take care of the "sunshine buds" together.
Jian Jialong released a special selection of some cases from other parts of the country to explain the law with cases!
Sword Guarding Bud Thunder Operation - Case 1: Wang's rape case
Defendant Wang XX and Liu XX (the victim's mother) lived together, and the two parties had a daughter, Wang, and Liang XX (7 years old), the daughter of Liu's ex-husband, lived with them. One day, after Wang was discharged from the hospital with a leg burn, Liu was afraid that Liang would kick on Wang's burns when he slept at night, so he asked Liang and defendant Wang to sleep together in another bedroom. That night, defendant Wang XX raped Liang.
The judge said
After trial, the court in this case held that the defendant Wang XX forcibly had sexual relations with a girl under the age of 14, and his conduct constituted the crime of rape and should be given a heavier punishment. In accordance with the relevant provisions of the Criminal Law of the Mainland, the defendant Wang XX was found guilty of rape and sentenced to six years imprisonment.
Links to legal provisions
Rape (Article 236 of the Criminal Code): Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Those who commit adultery under the age of 14 are to be treated as rape and given a heavier punishment.
In any of the following circumstances, rape of a woman or adultery with an underage girl is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(1) Rape of a woman or adultery with an underage girl, where the circumstances are heinous;
(2) Rape of a woman or adultery with multiple underage girls;
(3) Rape of a woman or adultery of an underage girl in a public place;
(4) Gang rape by two or more persons;
(5) Committing adultery with an underage girl under the age of 10 or causing harm to an underage girl;
(6) Causing serious injury or death to the victim or causing other serious consequences.
Article 236-1 also stipulates that a person who has special duties such as guardianship, adoption, nursing, education, or medical treatment for a minor female who has reached the age of 14 but is not yet 16 years old and has sexual relations with the minor female shall be sentenced to fixed-term imprisonment of not more than three years, and where the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Where the conduct in the preceding paragraph is concurrently constituted as a crime provided for in article 236 of this Law, it is to be convicted and punished in accordance with the provisions for the heavier punishment.
Sword Guarding Bud Thunder Operation - Case 2: Wei's child molestation case
Defendant Wei XX repeatedly molested Wang XX (male, 13 years old) by means such as paying pocket money and other methods such as giving pocket money and letting the victim suck his genitals. During a period of 5 consecutive years, Wei XX repeatedly molested 6 other boys, including the victims Zhang (male, 11 years old), Xie XX (male, 12 years old), Yin XX (male, 11 years old), He XX (male, 11 years old), Zou XX (male, 13 years old), and Yuan XX (male, 12 years old), in places such as his temporary residence and around a small pond in a park.
The judge said
After trial, the court found that the defendant Wei XX repeatedly molested a number of children, violating the physical and mental health of children, and that his conduct constituted the crime of child molestation, and should be given a heavier punishment in accordance with law. Although defendant Wei XX was able to truthfully confess the facts of the violation, he repeatedly molested a number of children over a long period of time, many of whom were under the age of 12, seriously harming the children's physical and mental health, and should be severely punished in accordance with law, and given the circumstances of the violation and the results of the social harm, he is not to be given a lenient punishment. In accordance with the relevant provisions of the Criminal Law, Wei Moumou was sentenced to five years imprisonment for the crime of child molestation.
In the case of child molestation, the criminals are lucky, believing that kissing, hugging, touching, or even rubbing the genitals against the child will not constitute a crime, and even if a crime is constituted, such an act will not leave any marks on the child's body, and the public security organs will not obtain any evidence to charge the crime. In fact, this is an extremely naïve and erroneous idea. At present, the investigation methods of the public security organs are extremely advanced, and as long as the child's body is touched, it can be extracted through technical means.
Links to legal provisions
Amendment (11) to the Criminal Law of 2021 stipulates that anyone who molests a child shall be sentenced to fixed-term imprisonment of not more than five years, and in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than five years:
(1) molesting multiple or multiple children;
(2) Gathering a crowd to molest a child, or molesting a child in a public place, where the circumstances are heinous;
(3) Causing harm to children or other serious consequences;
(4) The indecent means are heinous or there are other heinous circumstances.
In addition to the crimes of rape, child molestation, forcible indecency, and insult involved in the crime of sexual assault against minors, there are also the following crimes: assisting in organizing prostitution, enticing, accommodating, procuring prostitution, and enticing underage girls into prostitution.
The above are the main crimes involved in the crime of sexual assault against minors under the Criminal Law of the Mainland. Where crimes of rape or indecency are committed against minors, they shall be given a heavier punishment, and where the circumstances of the crime are heinous, the targets of the offense are young, the targets of the offense are numerous, and serious consequences are caused, and there are aggravating or aggravating circumstances, they are to be severely punished in accordance with law, and when necessary, a heavier sentence is to be given.
Sword Guarding Bud Thunder Operation - Case 3: A minor C goes online
Law enforcement personnel in a certain city carried out routine law enforcement inspections of Internet cafes and found that an Internet access service business site business unit was suspected of failing to check and register the valid identity documents of online consumers in accordance with regulations. Law enforcement officers verified and compared the identity information of more than 30 Internet consumers at the scene in the Internet café involved in the case one by one. It was found that C, an Internet accesser at No. 83 of the Internet café, used Luo's identity information to register for the Internet, and spent 12 yuan online on the Internet café No. 83 on May 6, 2022.
Through on-site questioning, the law enforcement personnel preliminarily determined that the business unit of the Internet access service business premises was suspected of failing to check and register the valid identity documents of online consumers in accordance with regulations, and that Internet user C was suspected of being a minor. Law enforcement officers ordered the Internet café to make corrections on the spot.
On June 21, 2022, the city's comprehensive administrative law enforcement department for the cultural market gave an administrative penalty of warning, confiscation of illegal gains, and a fine of 16,000 yuan to an internet café.
The judge said
This case is a typical case for the protection of the legitimate rights and interests of minors. In recent years, individual business entities have not carefully checked the ID card information of online consumers, resulting in individual minors fraudulently using other people's ID cards to make online purchases. However, the Internet business premises in this case were lucky, touched the legal red line, and paid a high price.
Links to legal provisions
Article 58 of the "Law of the People's Republic of China on the Protection of Minors" stipulates that for-profit entertainment venues, bars, Internet access service business sites, and other places unsuitable for minors' activities must not be set up in the vicinity of schools and kindergartens. Operators of for-profit singing and dancing entertainment venues, bars, internet access service business sites, and other venues for activities that are not suitable for minors must not allow minors to enter; Business operators shall set up signs in conspicuous locations prohibiting or restricting minors from entering, and where it is difficult to determine whether they are minors, they shall be required to present their identity documents.
Article 21 of the "Regulations on the Administration of Internet Access Service Business Premises": Business units of Internet access service business premises must not accept minors into their business premises.
Business units of internet access service business sites shall hang signs prohibiting minors from entering in a conspicuous position at the entrance of the business premises.
"Sword and bud protection" is not only a social moral norm, but also the legal responsibility of every citizen. It is hoped that more people will be able to realize the harm of sexual violations against minors and the legal consequences they must bear, take the case as a warning, and never defy the law, which will eventually lead to a misstep that will become a bitter fruit of hatred for thousands of years.
May we work together to raise legal awareness, earnestly respect the law, learn the law, abide by the law, and use the law, and jointly protect the future of the motherland and the hope of tomorrow!
Source: "Jian Jialong Release" WeChat public account
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