Chinese legislators are pushing legislation that could lead to longer jail terms or even death sentence to those convicted of having sex with a minor. (Photo : Reuters)
China is planning on closing a loophole that allowed men to get away with relatively light penalties after having sex with girls under the age of 14, following public outrage over the lenient treatment given to high-profile offenders, including government officials and a school administrator, in recent years.
A proposed amendment to China's penal code, which calls for the removal of the charge of "prostitution with underage girls," was deliberated by the National People's Congress (NPC) Standing Committee at the start of its six-day bi-monthly legislation on Monday. If the draft is approved, sex with girls under 14 would be considered rape and subject to more several penalties, including death, regardless of whether the girl gave her consent.
Under the current law, those who have sex with girls under 14 years old will face a maximum of 15 years in jail, while those convicted of raping a child may face death penalty.
Legal experts have long criticized the law criminalizing sex with underage prostitutes and led to multiple investigations from the country's legislature since it was written into China's Criminal Law in 1997.
"There is no need to define such a crime," said Jia Chunmei, a prosecutor and NPC official from north China's Hebei Province, during a legislative session last August. "Having sex with minors should be considered rape, no matter who she is and what she does."
The conflicting provisions had helped offenders escape harsher punishment, as they had argued that the girls had consented and were paid, Jia said.
Gu Yongzhong, a legal expert with the All China Lawyers' Association, said that law enforcement should crack down on the practice.
Although establishing the crime of sex with underage prostitutes was intended to protect minors, in practice it led to lighter penalties and complaints from victims' families, Gu said.
Government officials, in particular, who have received light sentences for having sex with underage girls often led to stronger public backlash, according to Lao Dongyan, associate professor of the Tsinghua University Law School.
The crime imposed a stigma on young girls, who might have been forced into prostitution and be labeled as prostitutes forever, he added.
In 2009, eight people, including four government officials and a teacher, were sentenced for terms ranging from seven years to life for child rape in southwest China's Guizhou Province.
