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Sex case takes a new turn (2)

By He Na,Wu Wencong and Hu Yongqi  (China Daily)

19:18, May 16, 2013

Pupils stand outside Wanning No 2 Primary School in Hainan province, whose principal has been charged with sexual assaults on minors. (Photo by Hai Nan/China Daily)

The details remain sketchy, but the police allege that four of the girls accompanied Chen to a hotel in Wanning, a claim backed up by security footage, while Feng is alleged to have taken the other two to a hotel in the provincial capital, Haikou.

The police said the two men were not acquainted and were unable to explain why the girls accompanied Chen and Feng, apparently of their own volition.

The incident triggered a national outcry in China and quickly became a hot topic on social media Internet platforms as netizens debated the case itself and whether China's laws on rape are fit for purpose.

In the wake of the incident, experts warned that the definition of rape under Chinese criminal law is too narrow. Only nonconsensual vaginal intercourse between adults or genital contact with a girl aged 14 or younger constitutes rape, and these acts are often difficult to prove.

"In many cases, the prosecution has been unable to prove rape or assault in court because of the difficulty of providing compelling evidence. A much wider definition of rape and sexual intercourse must be accepted by the legal establishment and the public, as has already happened in many other countries," said Liu Baiju, a professor of law at the Scientific Research Management Bureau of the Chinese Academy of Social Sciences.

He said that only nonconsensual vaginal intercourse between a male and female is deemed to be full rape, while other nonconsensual acts such as anal or oral sex are defined as molestation. That definition meant that the initial investigation conducted by Wanning police concluded that the girls had not been raped, but they had been sexually molested.

One of the girls who spent the night with Chen said he committed intimate acts with her, but the girls who shared a room with Feng denied that he had committed any indecent acts on them, according to the Wanning police.

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CHINESE OBSERVER at 2013-05-1771.191.134.*
WHAT A JOKE! ABOUT CHINA LAWS DEFINING RAPE AND CHILD MOLESTATION. IN THE CIVILIZED WORLD AND MOST WESTERN NATIONS, RAPE IS SEX AGAINST ONE"S WILL OR NONCONSENSUAL EITHER BY FORCE OR OTHER MEAN SUCH AS DRUG/DRINK. THERE IS NO SUCH THING AS CHILD RAPE OR CHILD MOLESTATION. CONSENSUAL SEX WITH PERSON BELOW 18 YEARS OLD (ADULT AGE) IS CONSIDERED SEX WITH MINOR(CHILD MOLESTATION) OR PEDOPHILE WHICH IS A SEX CRIME, AND PUNISHABLE BY A MINUMUM OF 25 YEARS JAIL TERM TO DEATH PENALTY. RAPE REGARDLESS OF AGES IS PUNISABLE BY LIFE IMPRISONMENT TO DEATH SENTENCE. CHINA SHOULD AMEND THE LAWS AGAINST SEX CRIMES TO RENDER FULL JUSTICE TO RAPE VICTIM & THEIR FAMILY, NOTHINGS CAN RESTORE THE TRAUMATIC PAINS SUFFER BY THE VICTIM AND IT"S PSCHOLOGICAL & EMOTIONAL NIGHTMARES & LIFE UNDER A SHATTERED WORLD OF THE RAPE VICTIM.
CHINESE OBSERVER at 2013-05-1771.191.134.*
WHAT A JOKE! ABOUT CHINA LAWS DEFINING RAPE AND CHILD MOLESTATION. IN THE CIVILIZED WORLD AND MOST WESTERN NATIONS, RAPE IS SEX AGAINST ONE"S WILL OR NONCONSENSUAL EITHER BY FORCE OR OTHER MEAN SUCH AS DRUG/DRINK. THERE IS NO SUCH THING AS CHILD RAPE OR CHILD MOLESTATION. CONSENSUAL SEX WITH PERSON BELOW 18 YEARS OLD (ADULT AGE) IS CONSIDERED SEX WITH MINOR(CHILD MOLESTATION) OR PEDOPHILE WHICH IS A SEX CRIME, AND PUNISHABLE BY A MINUMUM OF 25 YEARS JAIL TERM TO DEATH PENALTY. RAPE REGARDLESS OF AGES IS PUNISABLE BY LIFE IMPRISONMENT TO DEATH SENTENCE. CHINA SHOULD AMEND THE LAWS AGAINST SEX CRIMES TO RENDER FULL JUSTICE TO RAPE VICTIM & THEIR FAMILY, NOTHINGS CAN RESTORE THE TRAUMATIC PAINS SUFFER BY THE VICTIM AND IT"S PSCHOLOGICAL & EMOTIONAL NIGHTMARES & LIFE UNDER A SHATTERED WORLD OF THE RAPE VICTIM.
  

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