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CHINA

Source:  http://www.actwin.com/eatonohio/gay/world.htm

CHINA LAWS: 1. Has no sodomy laws.

 

Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

China - Chine - China   Beijing

I. Ages for legal purposes
Age of simple majority
According to the " Law for Protection of Minors in China ", citizens under eighteen (18) are minors
and enjoy special protection by law. A child is a person aged between six (6) and fourteen (14).

Age of consent for sexual activity
No information has been received in connection with this offence.

Age of consent for marriage
China’s Marriage Law sets the ages at twenty-two (22) for male persons and at twenty (20) for female persons.

II. Rape
The Criminal Law of China promulgated on 14th March and enacted on 1st of October, 1997, ruled
I. Rape
Forcible coitus with women or by other means against their will.
Punishment : 3 to 10 years’ imprisonment

Carnal knowledge with girls aged under fourteen (14) years is considered rape
and deserves a heavier penalty.


II. Rapists will be punished with imprisonment from 10 years to life imprisonment, until death
penalty under following circumstances
a) Raping women or minors viciously ;
b) Raping more women and minors ;
c) Raping women in public ;
d) Raping in rotation by more than 2 offenders ;
e) Causing death or serious consequences.

III. Other forms of child sex abuse
‘Indecent assault against the will of women or by force’
Punishment : imprisonment for up to 5 years or forced labour.
If the offender assaults or insults women in public, he will be punished with imprisonment for over 5 years.

‘Fingering or sodomy against minors under fourteen (14)’
Punishment : imprisonment for up to 5 years or forced labour.
If the offence is committed in public, the punishment will be imprisonment for at least 5 years.
‘Minor’ includes boys and girls aged under fourteen (14).

IV. Child prostitution
‘Promiscuity’
Punishment imprisonment for up to 5 years or forced labour.
Those who instigate minors to promiscuity will be punished by a heavier penalty.
‘Organising, compelling, inducing or harbouring girls under fourteen (14) to prostitution’
Punishment : 5 to 10 years‘ imprisonment with fine or confiscation of property.
‘Serious’ offenders will be punished by life imprisonment or death penalty with confiscation of property.
‘Inducing girls aged under fourteen (14) to prostitution’
Punishment : imprisonment for up to 5 years and fine.
‘Whoring girls aged under twenty-four (24)’
Punishment : imprisonment for 5 years and fine.

V. Child pornography
‘Production, sale and spreading of pornography’
Those who commit such crimes for profit, are punishable by 3 years’ imprisonment, forced labour or surveillance with fine.
‘Serious’ offenders are subject to three to 10 years’ imprisonment with fine.
‘Gravest’ offenders are subject to 10 years to life imprisonment with fine or confiscation of property.

‘Propagation of pornography’
Those spreading pornographic literature, film, video or images are punishable by 2 years’ imprisonment, detention or surveillance.   Those who spread pornography to minors aged under eighteen (18) are punishable by a heavier
penalty.

 

[UPDATE 08-2000:  Received this email]
The male to male or female to female age of consent is not defined in China right now, simply because the law in China chooses to ignore any gay behavior. Nevertheless, in practice, they use 14 (the same age of bisexual) as the standard. I don't have supporting documents because it's probably not written anywhere (I'll keep looking though) but it correct.

Although national law does not define the term "rape," rape is a crime in China. The national criminal law states: "[w]hoever by violence, coercion, or other means rapes a woman is to be sentenced to not less than three years and not more than ten years of a fixed-term imprisonment."  

Sexual relations with a girl under the age of 14 is also regarded as rape. Statutory rape results in "heavier punishment.".    Rapes are considered "especially serious" if they cause injury or death. When a woman is raped by two or more persons in succession, "heavier punishment" may be warranted.   The punishment for such aggravated rape ranges from 10 years of fixed-term imprisonment to life sentence or the death penalty.

Provincial rape laws sometimes appear within laws designated to protect the rights of women and children. A Fujian Province regulation states, "[a]nyone who forcibly engages in sexual activity with a woman kidnapped," for the purpose of forced marriage, will be charged with "forcible rape under Section 139 of the Criminal Law."    Similarly, a Sichuan Province regulation that protects women and children warns that anyone who commits the crime of selling women and children and who "intentionally harms, illegally restrains and rapes, or has illicit sexual relations with a woman," will be charged under the Criminal Law.


 

LEGISLATION


 

CHINA

Legislation against child sex tourism

Laws and regulations which can be used to:

  • prohibit or prevent the organization and advertising of sex tours and trips
Art. 37, "Law of Safeguarding Women's Rights and Interests of the People's Republic of China")
  • prohibit or prevent the organization and advertising of sex tours and trips especially affecting children

Advertising related to obscenity, superstition, terror, violence and hideousness are prohibited by Art. 7, "Law of Advertising of the People's Republic of China". The body, property and other legal rights and interests of juveniles are protected from encroachment by the government. Art. 5, "Law of the Protection of Juvenile of the People's Republic of China".

 

Extra-territoriality laws and regulations allowing to prosecute in your country its nationals for child sex offences committed abroad

  • more general laws applicable also to other types of crime
The government of the People's Republic of China prohibits its nationals to engage in sex tourism abroad. Anyone who conducts such acts must be given disciplinary sanction

 

Penalties relating to sex offences and crime against children in the country

  • for the sex exploiter (customer)

Age of child

Type of sexual offence/crime

Penalty

Under 14 years
Sex with girls Art. 30 Regulation of Social Order Management and Punishment
Penalty of rape
  • for the manager, controller, pimp or owner of a prostitution place, for the procurer or trafficker who procures, seduces or traffics another person for prostitution, for the offender who detains or confines another person for prostitution

Age of child

Type of sexual offence/crime

Penalty

Under 14 years Art. 30 Regulation of Social Order Management and Punishment Penalty of detention, warning, instructed to be repentant, reeducated through labor or fine under 5.000 RMB

 

EDITOR:  Interesting Fact by EPCAT (from 1998)

Ecpat has closely monitored the situation since, Mr Kobsak said.

According to the UN figure, there are now about 650,000 prostitutes worldwide below 16 years of age. China and India has the largest number of child prostitutes followed by the Philippines, Thailand, Sri Lanka, Taiwan, Vietnam and Cambodia.

 

http://www.world-tourism.org/sextouri/legislat.htm

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