On issues related to child crimes, Southern Weekend reporter interviewed Sun Xiaomei, a professor of women's studies at China Women's University, Sun Xuemei, head of girl protection, and Lv Xiaoquan, a lawyer at Beijing Qian Qian Law Firm. They have long been concerned about and engaged in protecting the rights and interests of children and women.
Lawyer Lu Xiaoquan believes that the age of sexual consent should be raised to 18 for people with guardianship, teacher-student relationship and management relationship.
The picture shows the stills of the movie Carnival about child sexual assault.
How to judge
Southern Weekend: Why is Wang Zhenhua's case defined as child molestation rather than rape?
Lv Xiaoquan: When judging the crime of rape, our judicial practice takes insertion as the standard. Inserting the criminal human organs into the victim is regarded as a crime accomplished, but there is a special case that when the victim is a young girl, the criminal human organs contact with the epidermis of the young female organs, which is regarded as a crime accomplished.
According to the criminal law and related judicial interpretations, whether there is sexual organ contact is the key to distinguish rape from child molestation. In Wang Zhenhua's case, I don't fully understand the evidence at present, but judging from the results, Wang Zhenhua didn't insert or touch the girl through the sexual organs, so under the current criminal law system in China, he was convicted of child molestation.
However, the international criminal law and the criminal law in Taiwan Province area of our country have more widely recognized the crime of rape. Take Taiwan Province Province of China as an example. According to the law, it is a crime of rape to insert or touch other human organs, anus and mouth. At the same time, it is also a crime of rape to insert or contact other human organs and anus with other body parts or objects other than sexual organs.
Southern Weekend: In cases of sexual crimes, the public's expectation of the verdict is often inconsistent with the actual verdict. For example, in the case of Wang Zhenhua, the public thought the sentence was too low. What do you think is the reason for this contradiction?
Sun Xiaomei: No matter how his defense lawyers argue, it is undeniable that Wang Zhenhua's behavior is a sexual crime. The public thinks that the sentence is too low, mainly because the public is particularly disgusted with him and his behavior. For this contradiction, expert witnesses can be introduced to solve it. Introduce expert witnesses to testify in cases involving sexual crimes. Expert witnesses may have a clearer understanding of sexual assault cases and children's physical and mental conditions around the world, and their analysis and judgment are also conducive to cultivating the gender awareness of judges, prosecutors, lawyers and parties. There are many cases that are difficult to handle, such as transgender cases and female employment discrimination cases. Expert witnesses can be introduced to give more professional opinions, and at the same time, the public can intuitively feel their professional analysis of evidence.
Sun Xuemei believes that the theory of the victim's guilt will aggravate the shame of the child victims, which is not conducive to their return to normal life. The picture shows the stills of the movie Carnival about child sexual assault. (data map/map)
Debate on the age of sexual consent
Southern Weekend: China's criminal law stipulates that the age of consent is 14 years old. Do you think it's appropriate?
Lv Xiaoquan: The official account of children's rights online WeChat once counted the age of sexual consent in 20/kloc-0 countries and regions around the world. Among them, 73% of countries and regions are over 14 years old, mainly between 14 and 18 years old, and the age of sexual consent in China is relatively low. South Korea and Japan are also relatively low, and the legal age of sexual consent is 13 years old, but there are other laws to supplement it, such as South Korea's special law, the Law on Sexual Protection of Children and Adolescents, which raises the age of sexual consent to 19 years old. I personally suggest that starting from the principle of maximizing children's rights and interests, prioritizing and specialization, China should raise the age of sexual consent in legislation, maximize the protection of victims and potential victims in the crime of sexual assault on children, and implement minimum tolerance for criminals and potential criminals.
Sun Xiaomei: In China, the age of sexual consent is set at 14 years old, which is based on the fact that children over 14 years old have mature sexual organs and sexual awareness. However, our research found that 14-year-old children have not been completely sexualized or sexualized. For example, children aged 12 to 15 are not fully mature in the development of the prefrontal lobe and the understanding of sex. Moreover, children of this age can be seen from their relationship with their parents and teachers, their active thoughts and fluctuating emotions that they are not yet mature. Under such circumstances, I think there is a scientific basis for raising the age of sexual consent.
Southern Weekend: How old do you think it is reasonable to raise the age of sexual consent?
Lv Xiaoquan: On this issue, I agree with Zhu, deputy to the National People's Congress and director of Guangdong Law Firm, during this year's two sessions: the age of sexual consent should be raised from 14 to 16, with two special exceptions: first, the age of sexual consent should be raised to18 for people with guardianship, teachers and students, management and other relationships; Second, the age difference between men and women is less than 5 years, and the age of sexual consent is still 14.
The first exception is the relationship between the two parties, such as guardianship, teachers and students, management and so on. I think the age of sexual consent should be raised to 18, because if one party abuses his power or authority, it may be difficult for the other party to express his will in line with his true wishes.
The second exception is lovers whose age difference between men and women is less than 5 years old. This is also known as the two-year-old no guess clause or the age-similar exemption principle in international criminal law. This clause applies to the case that two people of similar age do have a love relationship and have sex voluntarily under the legal consent age. Regarding this clause, the provisions on age difference will be different in different countries and regions. For example, Texas in the United States stipulates that the age gap between the two sides should not exceed 4 years, and California stipulates that the age gap between the two sides should not exceed 3 years. I basically agree with Zhu's proposal to set the age gap between the two sides within five years, but it still needs a lot of field investigation or data demonstration.
Sun Xiaomei: From my research on the abolition of the crime of whoring with young girls, I think that in the compulsory education stage, children should be protected by the state as long as they are in junior high school and before, while they are still in school, because their understanding of sex is hazy at this stage. When I proposed to abolish the crime of whoring with young girls, the biggest pressure was that there were some opinions that children also had sexual rights. But I think whether children have sexual rights depends on whether children can fulfill their obligations to society and whether they have this responsibility. When they haven't assumed their obligations and responsibilities, they should be in a protected state. After graduating from junior high school, some children, especially those in rural areas, may start working. By that time, they can take social responsibility, so they can have the ability of sexual consent. I don't think the age of sexual consent should be earlier than 16 years old. Their knowledge of sex is immature before 16 years old.
Common characteristics of child victims
Southern Weekend: What do child victims have in common?
Lv Xiaoquan: In child sexual assault cases in remote mountainous areas, criminals will choose the victims. If the victim has a strong personality, he will resist on the spot and even tell his parents. Therefore, criminals will choose children with relatively weak personalities and left-behind children. In rural sexual assault cases, many victims are left-behind children. Among the cases we are currently handling, 15 victims 13 are left-behind children.
Southern Weekend: Why can't the victims in the special relationship between teachers and students, guardians and ward resist the invasion?
Sun Xiaomei: Children are relaxed with these close people. They will accept love from close people. Therefore, in this case, they often do not resist until the sexual assault is serious, which will produce psychological fear. At the same time, parents, grandparents and other parents do not care enough about their children, especially the families of left-behind children, and parents themselves are easy to relax their vigilance against acquaintances. Most importantly, when children are sexually abused, they often don't realize what happened. The lack of family sex education and parents' ignorance also caused children's ignorance.
Sun Xuemei: In child sex crimes, the proportion of sexual assault by acquaintances is very high. These perpetrators with special responsibilities, on the one hand, have more opportunities to contact children, on the other hand, think that they can control children by virtue of their identity and power, so that children dare not speak out after being sexually assaulted, which is indeed the case, so that many children have been sexually assaulted for a long time. From the child's point of view, on the one hand, they may have material dependence or psychological trust on those who have special responsibilities, and they dare not resist because of the other party's position advantage; On the other hand, due to the weak awareness of discrimination and prevention, children may also be tempted by material things, or mistakenly think that the other party is caring; Third, after being infringed, children are worried that they will be scolded if they speak out, and parents are blindly worried about the scandal after knowing it, resulting in many sexual assault incidents not entering the legal process. Therefore, we advocate that parents should change their ideas, not talk about transsexuality, and families and schools should educate their children about sexual assault safety. At the same time, we call on the public to treat the past experiences or victims more equally. Our public opinion is hostile to the victims, and such an environment will bring further harm to the victims.
Neglected groups of victims
Southern Weekend: Is gender discrimination still deeply rooted in gender violence cases?
Lv Xiaoquan: The Criminal Law Amendment (IX) changed the compulsory molestation of women into compulsory molestation of others, which is progress. However, the crime of rape has not changed, and it is still against the will of women, but the specific means of behavior are different. The current criminal law still excludes men, including gay men and transgender groups, from the scope of protection of rape, which constitutes discrimination against these groups in legislation.
Sun Xiaomei: People who commit gender violence actually regard each other as the weak and use their power to commit violence, which is essentially a kind of gender discrimination. As far as Wang Zhenhua is concerned, this actually shows his disrespect for women, because in his ideology, women are playthings. So how to change gender discrimination? It is not enough to advocate gender equality and respect women.
Southern Weekend: Why is there less attention and protection for boy sexual assault cases?
Sun Xiaomei: On the one hand, the proportion of child sexual assault cases is still higher than that of boy sexual assault cases. On the other hand, the current protection and care for girls is not enough. How can we determine that the proportion of boys' sexual assault cases is low? Moreover, in cases of sexual assault on boys, boys are often stronger and more tolerant than girls, so many cases may not be exposed at all.
Sun Xuemei: I think there are cultural reasons. Many people think that boys will not be hurt, and even some parents insist on the idea that sons are afraid of getting worse and daughters are afraid of being hurt, which needs to be changed. Pay equal attention to sex education and protection of boys, and at the same time educate boys not to hurt others. In addition, in many people's gender concepts, boys should be masculine, so are you not masculine when you are sexually assaulted? This may even lead them to be afraid to confess after being sexually assaulted.
What can be done to protect child victims?
Southern Weekend: What kind of social support do victims need to get better protection?
Lv Xiaoquan: Not only cases of sexual assault, but all cases of gender violence, such as domestic violence, sexual harassment and forced prostitution. In the absence of systematic resource support in the whole society, once these victims are hurt, we should show understanding and respect for any choice they make. On the one hand, to change the traditional concept of gender discrimination, in any case, there can be no voice blaming the victims; On the other hand, legislation and judicial enforcement should keep up, really crack down on crimes, protect human rights, protect the privacy of the parties, do not cause secondary harm to the parties, and improve the social assistance system. For example, once a child sexual assault case enters the alarm procedure, it is necessary to arrange legal aid lawyers and psychological counseling experts for the victim and his guardian to accompany him to participate in the trial.
Sun Xiaomei: I think the most important thing is sex education, not only for children, but also for everyone. Previously, the "Sex Education Reader" written by Liu Jiaoshou caused controversy, indicating that our environment has not been desensitized to sex education. I think sex education should be carried out not only in schools, but also in families and communities.
Southern Weekend: After being sexually assaulted, how should we pay attention to the psychology and growth of the infringed children?
Sun Xiaomei: After sexual assault, they will leave a shadow in their hearts. We know that in many cases, children will eventually live in different environments and leave the original environment. Parents should pay more attention to and care about the psychological growth of child victims, and don't blame them. In addition, the media should not disclose the identity, name, address and other information of the child victim when reporting the incident. The most important thing is the intervention of psychologists, which is also lacking at present. Although there are some volunteers, they still lack the professional ability of psychological counseling. After a child is sexually assaulted, it is a long process to need psychological comfort, and sometimes he will think of the injuries he has suffered in his life. We talked to some adults and talked about the pain of the past. They are all very angry and sad. But at present, it seems that no department has arranged a special psychological counseling institution to do this after the child is injured. Psychological counseling is a long process, not a day or two. At present, after the case, the public seems to be attacking it in groups, but they have not considered what they can really do for their children, which requires us to think.
Sun Xuemei: After a child is sexually assaulted, there are often remarks such as why the other person chose you over others. Obviously, the perpetrator should be condemned, but the victim's guilt theory is popular, which will aggravate the shame of the victim's children and is not conducive to the child's return to normal life. If a child is sexually assaulted, first tell the child that being sexually assaulted is not your fault, but the fault of the bad guys. You are still the same as before. This is very important.
Southern Weekend reporter Cao Ying