A 15-year-old couple, after confirming their relationship, voluntarily had a relationship. After the girl's parents learned about it, they called the police for help on the grounds that their daughter was raped, and then sued the boy's parents and the school to the court, claiming a total of more than 20 yuan. After the boy's parents learned about it, they filed a counterclaim to see how the court decided?
Source: Minnan
Xiaofei, a 15-year-old girl, and Xiaozhi, a 15-year-old boy, are classmates in a private vocational school. Soon after entering the school, in class activities, Xiaozhi's handsomeness and liveliness, Xiaofei's beauty and gentleness, they were in love, attracted to each other, and fell in love with each other.
A few days later, Ash confessed to Xiaofei. Xiaofei, who has long liked Ash, nodded and agreed without saying a word, and officially announced the relationship between the two in the class.
After the two confirmed the relationship between boyfriend and girlfriend, they began to go out and out, after all, they were young people, the boy was strong-blooded, and the girl was gentle and lovely. Soon after, the two made an appointment and had in-depth exchanges of feelings in the girls' dormitory, playground and other places.
After returning home from the holiday, Xiaofei's parents learned of the incident and sued Xiaozhi's parents and the school to the court, demanding a total of more than 20 yuan in compensation. After the boy's parents learned about it, they filed a counterclaim and demanded compensation of 130,000 yuan.
So how will the court decide?
The court held that the parties were in a romantic relationship, and they evaded the management of the school and met to have sex in the girls' dormitory; The school has developed management regulations; Both parents cannot prove that their children have suffered physical or mental damage.
In summary, the court dismissed all the claims of both parents.
In mainland China, the age limit for sexual consent is 14 years. The law makes it an offence to engage in sexual activity with a minor under the age of 14, whether consensual or not.
Article 236 of the Criminal Law of the People's Republic of China
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.
Whoever commits adultery with a girl under the age of 14 is 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 rape of multiple underage girls;
(3) Rape of a woman or adultery with 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.
If one or both parties are between the ages of 14 and 16 and have sexual relations voluntarily, it is not a crime if they do not use their authority, position or specific relationship to coerce or induce. However, sexual intercourse with a girl under the age of 14, whether consensual or not, constitutes the crime of rape.
Specifically, in this case, Xiaofei and Zhiman were between the ages of 14 and 16, and the two parties had a relationship voluntarily, and did not use their authority, status, or specific relationship to coerce or induce, so it did not constitute a crime
Finally, early sex has an impact on physical development
1. Premature sexual life can cause genital duct damage and infection. Because the reproductive tract of adolescent girls is still immature, they are very delicate, and the surface tissue is weak, and it is easy to cause lacerations and massive bleeding during in-depth communication, and at the same time, some pathogenic microorganisms or dirt will be brought in to varying degrees, and the female defense function is poor at this stage, which is easy to cause infection. If not controlled, the infection can spread.
2. Premature sex can have adverse consequences due to pregnancy. Because women in the menstrual cramps, the ovaries will begin to ovulate, if you do not take effective contraceptive measures when you are deeply active, pregnancy is very likely to occur, once pregnant, some families may do artificial abortion, and artificial abortion is extremely unfavorable to the female body, may cause a series of complications, such as infection, bleeding, uterine perforation and habitual abortion after marriage, infertility, etc., and due to the pressure of public opinion around and self-blame, guilt, it will cause serious psychological trauma to women, and even affect the normal sex life after marriage.
3. Early sex can have a serious impact on mental health. This is because girls often have sex in a very stressful state and lack the necessary preparations. At the same time, in the process of sexual life, due to the fear of pregnancy and exposure, there is a sense of fear, guilt and remorse, which will also cause people to have psychopathology over time.
4. Premature sex can affect study and work. Adolescent girls are in the golden age of studying, working and accumulating knowledge to lay the foundation for their own brilliant future, sex life will inevitably affect the energy of study and work, which is not good for themselves, their families and society, so they should devote their attention and interest to study and work, which is of great significance for their own healthy growth, career achievements and life happiness. Adolescent girls have sex at an early age, which puts a lot of pressure on both children and families.
Parents should communicate more with their adolescent children, enlighten them psychologically, help them develop healthy interests and hobbies, and enable them to find a healthy fulcrum in life.
What do you think about this case?
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