A man in his 60s rapes a girl seven times
Recently, a criminal judgment on the Chinese Judicial Document Network has aroused hot debate. A 60-year-old man surnamed Guo in a county in Sichuan province used his upbringing relationship to rape a young girl surnamed He who was under the age of 12 for seven times and was sentenced to seven years and 10 months in prison.
The verdict showed that the trial side believed that Guo voluntarily surrendered, truthfully confessed to the crime, compensation for the victim part of the loss of the legal lenient punishment circumstances.
Young girl, rape seven times, parenting relationship, surrender, a series of keywords hit the public nerve. As usual, the plot of the surrender and the issue of sentencing dominated the discussion.
The public is controversial, and so are the professionals. Lawyers said the court’s decision seemed reasonable compared with some of the usual rulings. Some lawyers also said that the sentence in this case was abnormally light, “it seems that there is no ‘bad circumstances’.”
He used his upbringing to commit adultery several times
According to the judgment written by the court (2021) No. 8 of Chuan1525, the case was a typical crime committed by an acquaintance, and the place of the crime was mostly in the home of both parties.
The court found that between August and October 5, 2020, the defendant Guo in the bedroom and bathroom in the home, He Mou living room, tricycle, will be held to ride on his legs, to the top of the way to rub He Mou sexual organs to the implementation of sexual misconduct seven times. On October 14, 2020, the victim, He, accompanied by his parents, went to Chengdu Women and Children’s Central Hospital for an examination. After a preliminary diagnosis of vulva ulcer and herpes, the attending doctor reported the case to the local public security organ.
On that day, the defendant Guo took the initiative to surrender to the public security organs. October 19, after a county people’s hospital diagnosis, He Mou is suffering from young female vulvovaginitis.
The court also found that Guo’s family paid He 24,000 yuan in compensation. The court found that Guo took advantage of his upbringing to repeatedly commit adultery on girls under the age of 12 and should be given a heavier punishment. Guo took the initiative to the case, truthfully confessed to the crime after the case, the department surrendered, it can be a lighter or mitigated punishment; If the offender pleads guilty voluntarily, he may be given a lenient punishment. The victim’s family members have compensated for part of the loss, and may be given a lighter punishment as appropriate.
The court sentenced Guo to rape and sentenced him to seven years and 10 months in prison.
Sentencing Controversy: Unreasonably Light or Relatively Reasonable?
In recent years, sexual crimes against minors have aroused great social attention.
In December 2020, He Rong, executive vice president of the Supreme People’s Court, said that all kinds of crimes against minors will be severely punished in accordance with the law. Generally, no suspended sentence or parole shall be applied to crimes of sexual assault against minors. The lenient punishment for guilty pleas shall be strictly controlled according to law, while the commutation of sentence shall be strictly controlled according to law. For those with bad nature and serious harm, the sentence of severe punishment or even death should be firmly imposed in accordance with the law, with no tolerance or leniency, so as to form a legal atmosphere in which children are not dare to be harmed.
The issue of sentencing in the case remains a bone of contention. China News Week searched the China Judicial Document Network for some similar cases, which found different sentences.
In May and June 2016, in a villager Liu’s home in Xuzhou City, Jiangsu Province, the defendant Chen Muming repeatedly touched Liu’s daughter’s genitals (under 14 years old at the time of the incident). Chen pleaded guilty in court and was convicted of rape and sentenced to seven years in prison.
From December 2018 to February the following year, a man surnamed Fan in a county in Jiangxi province repeatedly raped his grandson’s niece who was under the age of 14. He was later forgiven by the victim and her parents and sentenced to seven years in prison.
In April 2020, Chen Moucai, a man from Qingyuan, Guangdong province, was sentenced to 10 years in prison for repeatedly raping his stepdaughter, who was under the age of 14.
From April to May 2020, Li Mouman, a man from Guiping City, Guangxi Province, raped a woman surnamed Liu under the age of 14 for seven times under the pretext of being in a romantic relationship and caused her to become pregnant. Later, Li confessed truthfully to the crime, and paid 55,000 yuan in compensation, was sentenced to three years and six months.
Netizens have disputes, lawyers view is not the same. Whoever, according to Article 236 of the Criminal Law, rapes a woman by violence, coercion or any other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be deemed to have raped and shall be given a heavier punishment. Among them, those who rape a woman or rape a girl under the age of five, if the circumstances are flagrant, or rape a woman or rape a number of girls under the age of five, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Fan Chen, a lawyer with Beijing Jingshi Law Firm, said the law adopted the “contact theory” for sexual crimes involving girls under the age of 14, which means that rape can be convicted only if the sexual organs of the two parties touch.
In Fan Chen’s view, the court’s sentencing result is relatively reasonable. “First of all, we should think the consequences will be severe, including genital herpes, ulcer, etc., should be applied to more than 10 years of the term”, Fan Chen thinks, should see the plot of this case in addition there are a few lighter, first is surrender, “although has been put on record, but has no compulsory measures are taken in before he surrendered, and truthfully confesses the details of a case, surrendered on criminal law can be identified as”; In addition, the defendant made compensation to the injured party and should have obtained the understanding of the other side.
“Compared with the recent cases in which police officers were sentenced to four years in prison for raping women, the sentence should be acceptable,” Fan said.
Liu Changsong, a lawyer at Beijing Mugong Law Firm, said the sentence was unusually light. “The defendant raped and murdered a young girl seven times in three months, which is a bad circumstance. He should be sentenced to more than 10 years in prison, life imprisonment or death. This case does not seem to be identified as’ bad circumstances’, only in the first legal punishment of a relatively heavy sentence “.
Liu Changsong said that for the first offender, can be given a lighter or mitigated punishment, the crime is less serious, can be exempted from punishment, “sexual assault crime is highly concealed, decided to surrender to the judicial authorities to find a crime and provide evidence to prove the crime of ‘contribution’ is greater.” But the above situation is can type rather than should type leniency circumstances, if the overall case is particularly serious, can not be leniency, such as the “passion fruit girl” case of the defendant has surrendered, but the final trial did not grant leniency.
Liu Changsong introduced that the surrender of the plot of the lesser punishment shall not be less than the statutory penalty. According to sentencing guidelines, the leniency of a surrender can reduce the benchmark sentence by less than 40 percent. In his opinion, in this case, the rape of a young girl by the defendant is a legally serious case, and there are cases of rape by taking advantage of the upbringing relationship and rape several times in two months. Generally speaking, the application of “leniency” is more appropriate, but the application of “mitigating” is not appropriate, and the leniency should not be too large.