Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecency against Minors

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecent Assault on Minors was adopted at the 1,878th meeting of the Judicial Committee of the Supreme People's Court on January 3, 2023, and at the 114th meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on March 2, 2023. It is hereby promulgated. It will come into effect on June 1, 2023.

Supreme People's Court, Supreme People's Procuratorate

May 24, 2023

Judicial Interpretation No. 3 of 2023

Supreme People's Court, Supreme People's Procuratorate

Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Indecency against Minors

Adopted at the 1,878th meeting of the Judicial Committee of the Supreme People's Court on January 3, 2023 and at the 114th meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on March 2, 2023, and effective as of June 1, 2023.

In order to punish crimes of rape and indecent assault against minors in accordance with the law and protect the legitimate rights and interests of minors, in accordance with the provisions of the Criminal Law of the People's Republic of China and other laws, the following interpretations are hereby made on several issues concerning the application of law in handling such criminal cases:

Article 1 Whoever rapes a young girl shall be punished more severely in accordance with the provisions of the second paragraph of Article 236 of the Criminal Law. Where any of the following circumstances exists, a more severe range of punishment shall be applied:

(1) Where a person with special duties commits adultery;

(2) Committing adultery by means of violence, coercion or other methods;

(3) Committing adultery by intruding into a residence or a student dormitory;

(4) Committing adultery against rural left-behind girls, victims with severe disabilities or mental retardation;

(5) Using other minors to deceive, introduce or coerce the victim;

(6) Those who have been sentenced for rape or indecent assault crimes.

Whoever rapes a minor female who is over 14 years old and has any of the circumstances as prescribed in the first, third to sixth items of the preceding paragraph, or causes the victim to suffer minor injuries or contract serious sexually transmitted diseases such as syphilis or gonorrhea, shall be convicted in accordance with the provisions of the first paragraph of Article 236 of the Criminal Law and be punished more severely.

Article 2 Where a minor female over the age of 14 is raped or a young girl is raped, and any of the following circumstances exists, it shall be determined as the "serious circumstances of raping a woman or raping a young girl" as stipulated in the first item of the third paragraph of Article 236 of the Criminal Law:

(1) Where a person with special duties repeatedly commits rape or adultery;

(2) Those who have committed serious acts of abuse or humiliation;

(3) Illegally detaining or using drugs to deceive or control the victim;

(4) Repeatedly using other minors to deceive, introduce or coerce the victim;

(5) Committing rape or adultery for a long time;

(6) Committing adultery against a victim with mental retardation, resulting in pregnancy;

(7) Making video, photo or other visual materials about the process of rape or adultery or the private parts of the victim's body to coerce the victim into rape or adultery, or causing the visual materials to be spread to multiple people to expose the identity of the victim;

(8) Other circumstances of extremely bad nature.

Article 3 Where a person commits adultery against a young girl and any of the following circumstances exists, it shall be recognized as "causing harm to the young girl" as stipulated in Paragraph 3, Item 5 of Article 236 of the Criminal Law:

(1) Causing minor injuries to a young girl;

(2) Causing young girls to contract serious sexually transmitted diseases such as syphilis and gonorrhea;

(3) Other circumstances that cause harm to the physical and mental health of young girls.

Article 4 Where a minor female over the age of 14 is raped or a young girl is raped, causing her to be infected with the AIDS virus, it shall be recognized as "causing serious injury to the victim" as stipulated in the sixth item of the third paragraph of Article 236 of the Criminal Law.

Article 5 Where a person who has a special duty to a minor female who is over 14 years old but under 16 years old has sexual relations with such minor female and any of the following circumstances exists, it shall be determined as "serious circumstances" as stipulated in Article 236-1 of the Criminal Law:

(1) Having long-term sexual relations;

(2) Having sexual relations with multiple victims;

(3) Causing the victim to be infected with the HIV virus or suffer from serious sexually transmitted diseases such as syphilis or gonorrhea;

(4) Making video, photo or other visual materials about the process of sexual relations or the private parts of the victim's body, resulting in the dissemination of such visual materials to multiple people and exposing the victim's identity;

(5) Other circumstances of extremely bad nature.

Article 6 Where a person who has a special duty to a minor female over the age of 14 takes advantage of his dominant position or the victim's isolated and helpless situation to force the victim to have sexual relations with him, he shall be convicted and punished for rape in accordance with Article 236 of the Criminal Law.

Article 7 Where a child is molested and any of the following circumstances exists, it shall be recognized as "causing harm to the child or other serious consequences" as stipulated in the third item of the third paragraph of Article 237 of the Criminal Law:

(1) Causing minor injuries or above to children;

(2) Causing children to self-harm or commit suicide;

(3) Circumstances that cause other harm or serious consequences to the physical and mental health of children.

Article 8 Where a person commits indecent acts against a child and any of the following circumstances exists, it shall be determined as "the indecent means are extremely bad or there are other extremely bad circumstances" as stipulated in Paragraph 3, Item 4 of Article 237 of the Criminal Law:

(1) Committing indecent acts by invading the anus or mouth with the genitals, or by invading the genitals or anus of the victim with body parts or objects other than the genitals;

(2) Those who have committed serious acts of abuse or humiliation;

(3) Making video, photo or other visual materials about the process of indecent assault or the private parts of the victim's body to coerce the victim into indecent assault, or causing the visual materials to be spread to multiple people to expose the victim's identity;

(4) Committing indecent acts by other heinous means or having other heinous circumstances.

Article 9 Whoever coerces or lures minors to expose their private body parts or commit obscene acts through online video chatting or by sending videos or photos, etc., and such acts meet the provisions of Article 237 of the Criminal Law, shall be convicted and punished for the crime of forced indecent assault or the crime of indecent assault on children.

Where a person coerces or lures minors to carry out the acts mentioned in the preceding paragraph through live streaming on the Internet, and at the same time meets the provisions of Article 237 and Article 365 of the Criminal Law, and constitutes the crime of forced indecency, the crime of indecent assault on children, or the crime of organizing obscene performances, he shall be convicted and punished in accordance with the provision carrying the heavier penalty.

Article 10 Where a person commits a crime of indecent assault against a minor, causing a consequence of minor injury or above to the victim, and at the same time meets the provisions of Article 234 or Article 232 of the Criminal Law, and constitutes the crime of intentional injury or the crime of intentional homicide, he shall be convicted and punished in accordance with the provision carrying the heavier penalty.

Article 11 Where an adult defendant who commits rape or indecent assault on a minor pleads guilty and accepts punishment, whether leniency should be granted and the extent of such leniency should be strictly controlled.

Article 12 When an adult defendant who rapes a minor is sentenced, probation is generally not applicable.

For those who are sentenced to criminal punishment and granted probation at the same time, depending on the circumstances of the crime, a prohibition order may be issued simultaneously, prohibiting the criminal from engaging in work or activities related to minors during the probation period, and prohibiting them from entering primary and secondary schools, kindergartens and other places where minors are concentrated. Except where it is truly due to one's own study, residence or other reasons and with the approval of the enforcement authority.

Article 13 Where a person takes advantage of his professional convenience to commit crimes such as rape or indecent assault on minors, the people's court shall apply the prohibition on employment in accordance with the law.

Article 14 Where a person commits crimes such as rape or indecent assault on a minor and causes personal injury, he shall compensate for reasonable expenses paid for treatment and rehabilitation, including medical expenses, nursing fees, transportation fees, nutrition fees, and subsidies for meals during hospitalization, as well as the income lost due to absence from work.

Where it is necessary to provide mental and psychological treatment and rehabilitation for minors based on expert opinions, medical diagnosis certificates and other proof, the relevant expenses required shall be recognized as reasonable expenses as stipulated in the preceding paragraph.

Article 15 The term "persons with special duties" as used in these interpretations refers to those who have duties such as guardianship, adoption, care, education and medical treatment for minors, including those who have a cohabitation relationship with minors and actually have duties such as care and protection.

Article 16 This interpretation shall come into effect as of June 1, 2023.