Rape in China

Rape is a common crime in China. Marital rape is not illegal in China. Same-gender rape is not defined as a sexual offense. In 2007, the U.S. Department of State reported 31,833 rapes in China, but no similar report by the Chinese government was available.[1]

History

During the Qing dynasty (1644-1912), rape was very difficult to prove. A woman who was sexually attacked had to prove that she had offered the utmost resistance and fought vigorously throughout the entire ordeal. Failure to do so would expose the woman herself to criminal prosecution for being complicit in consensual "illicit intercourse".[2]

Prevalence, analysis and statistics

Rape in China is not widely discussed in the media. Luo Tsun-yin, a social psychologist at Shih Hsin University in Taiwan, asserts that fewer than one in 10 rape cases in China are reported.[1][3]

A number of studies have examined rape in China.

The United Nations's 2013 Multi-country Study on Men and Violence asked men in both rural and urban areas of China if they had ever coerced a female to have sex (including alcohol facilitated rape). 22.2% said yes. 9.3% had done so in the past year. 19.4% raped their partner. 55% of the men who had raped had done so more than once and 9% had raped four or more women. 86% cited sexual entitlement as their motive (the highest percentage in the study) and 57% answered that they raped out of boredom. 72.4% experienced no legal consequences. 1.7% had raped another man. 25.1% who had raped reported first doing so as a teenager. 2.2% admitted to having committed gang rape.[4]

Social stigma cast on victims of rape

Victims of rape in China often remain silent and do not report the crime because traditional culture holds that being raped is shameful and should be kept private.[5] Popular activist Guo Jianmei told the story of a villager who raped over 100 women, and "Not one of them spoke up." In another incident, a girl and her mother tried to register a complaint against a rapist, but Zhong Xiancong, a police official, did not register it and suggested to the victim, "To protect your reputation, you should forget about the whole thing."[6]

Rape is regarded as taboo in Chinese culture, and the victim is often rejected by society, as the culture views women as solely responsible for the rape. According to one American victim of rape in China, she felt that if she had tried to raise her voice against the rape she would be even prosecuted by the state.[3]

Law

The laws against rape in China have been criticized by numerous sources. Guo Jianmei noted that weaknesses in the legal system make it very possible for rapists to escape justice.[6] Same-gender rape was not illegal until 2015 in China, and loopholes in the laws allow child rapists to escape with light sentences.[7]

In 2011, a man who raped another man was convicted of "intentional injury" rather than rape, because non-consensual same-gender sexual conduct is not defined as a sexual offense.[8][9]

In November 2015 Xinhua reported that the criminal code was amended to include the sexual assault and rape of men, citing the above cases. In addition, sex with underage (defined as under 14 years of age) prostitutes was reclassified as rape, which may lead to the death sentence.[10][11]

See also

References

  1. 1 2 Marquez, Paxcely (7 May 2009). "Rape in China". US-China Today (University of Southern California). Retrieved 26 March 2015.
  2. ↑ Ng, V. W. (1987). "Ideology and sexuality: rape laws in Qing China" (PDF). The Journal of Asian Studies 46 (1): 57–70. doi:10.2307/2056666.
  3. 1 2 "I was Raped in China (An American's Perspective)". Yahoo Voices. 18 July 2013. Retrieved 26 March 2015.
  4. ↑ Fulu, E., Warner, X., Miedema, S., Jewkes, R., Roselli, T., & Lang, J. (2013). Why do some men use violence against women and how can we prevent it. Quantitative Findings from the United Nations Multi-Country Study on Men and Violence in Asia and the Pacific. (PDF). Bankok: United Nations. pp. 40, 43–45. ISBN 978-974-680-360-1.
  5. ↑ Uking (18 April 2011). "Rape victims choose silence over losing face". China Daily USA. Retrieved 26 March 2015.
  6. 1 2 LaFraniere, Sharon (22 September 2011). "Rape Case Is a Rarity in Chinese Justice System". New York Times. Retrieved 26 March 2015.
  7. ↑ Tatlow, Didi Kirsten (9 December 2013). "China to End Loophole in Child Rape Law, Experts Say". New York Times. Retrieved 7 January 2014.
  8. ↑ "Male rape case may be China's first". UPI. 5 January 2011.
  9. ↑ "Man rapes man in China; escapes conviction". Rediff.com News. 5 January 2011.
  10. ↑ Xinhua (15 November 2015). "Male rape now a crime after law revision". Xinhua. Retrieved 15 November 2015.
  11. ↑ http://www.independent.co.uk/news/world/china-makes-male-rape-a-crime-a6718276.html
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