Commentary on the first case of soliciting prostitution with a minor being sentenced for rape: Three major misunderstandings in the dispute between the crime of soliciting prostitution with a minor and the crime of rape
Two men in Qionglai had sexual relations with a 13-year-old girl introduced by an organizer of prostitution. A year ago, the Qionglai Court initiated a public prosecution for this case of prostitution with a minor, marking the first time nationwide that it was prosecuted as rape, drawing national attention. Yesterday, a Chengdu Business Daily reporter exclusively learned that after a year of trial, the Qionglai Court issued a verdict, sentencing the two clients of the minor prostitute to five years in prison for rape, with heavier punishment, for the first time in China. The Qionglai Court's ruling echoed the Supreme Court's statement at the end of 2013 fully endorsing the abolition of the crime of prostitution with minors, and aligned with long-standing calls from the judicial and academic communities to abolish this charge.
Yang Mouqing, in his early 40s, is from Qionglai and had made money as a contractor in recent years. In July 2013, Yang asked Gong Moumou to arrange a girl for him to "play with" and chose Xiaolan (pseudonym). Subsequently, Yang took Xiaolan to a budget hotel in Qionglai and had sexual relations with her. Afterward, Yang gave Xiaolan 800 yuan. Xiaolan recalled that on July 18, 2013, her classmate Xiaohui (pseudonym) found a job in the city and asked her to work together. That afternoon, Xiaolan met Yang and realized it was prostitution only when she saw Xiaohui go out to "receive clients." Xiaolan told the police that Yang had promised to buy her new clothes and shoes after earning money, saying, "Whatever he told me to do, I just did it." Indeed, after Xiaolan's first sleepover, Yang bought her a new dress. Xiaolan told them she was only 13.
After Yang Mouqing and Yang Mouzhong were arrested, the Qionglai prosecutor's office approved their arrest on suspicion of prostitution with minors. During the prosecution phase of this case, the Supreme Court publicly stated its full support for abolishing the crime of prostitution with minors. Considering the case details, the prosecutor believed that Yang Mouqing and Yang Mouzhong, knowing Xiaolan was under 14, still had sexual relations with her, which better fit the elements of rape, and thus prosecuted them for rape. A year later, the Qionglai Court ruled that Yang Mouqing and Yang Mouzhong, knowing the victim was a minor under 14, had sexual relations with her, constituting rape, and imposed heavier penalties. Considering factors such as voluntary confession and obtaining the victim's forgiveness, on February 2, the Qionglai Court issued a first-instance verdict, sentencing Gong Moumou and Yang Mou to 7 and 6 years in prison respectively for organizing prostitution; Yang Mouqing and Yang Mouzhong were sentenced to 5 years each for rape.
(Chengdu Business Daily)
Three Major Misunderstandings in the Debate Between the Crime of Whoring with a Minor and the Crime of Rape
The debate between the crime of whoring with a minor and the crime of rape has persisted for years. Yesterday, a reporter from Chengdu Business Daily interviewed Ye Rui, an assistant researcher and doctor of law at the Institute of Law, Sichuan Academy of Social Sciences, who pointed out three major public misconceptions from a professional perspective.
First, the two crimes are not simply a matter of which is lighter or heavier.
According to China's criminal law, the statutory penalty for the crime of whoring with a minor is fixed-term imprisonment of 5 to 15 years, with the maximum being 15 years, and the subject of the crime is a natural person aged 16 or above with criminal responsibility capacity. For the crime of rape, having sexual intercourse with a minor female is considered a statutory aggravating circumstance, with the maximum penalty being the death penalty, and individuals aged 14 or above can also constitute this crime.
In the Qionglai case, Yang Mouqing and Yang Mouzhong were convicted of rape and sentenced to 5 years in prison. If the rape offense is minor, it may also result in a 3-year prison sentence, while the crime of whoring with a minor carries a minimum sentence of 5 years. Therefore, it cannot be simply said that the crime of whoring with a minor is necessarily lighter.
Second, why the public generally believes the crime of whoring with a minor is lighter
Ye Rui believes the main reason is that the maximum penalty for patronizing child prostitutes is 15 years, while the maximum penalty for rape is the death penalty. Moreover, in recent years, there have been major and heinous cases involving multiple child victims, such as the Xishui case in Guizhou, where the sentencing limits of the crime of patronizing child prostitutes prevented severe punishment of suspects, leading to the perception that this crime is too lenient.
Third, the crime of patronizing child prostitutes overlooks the identity of criminal victims.
The fundamental difference between the two crimes is that the crime of patronizing child prostitutes disregards the identity of victims in such child sexual abuse cases. If convicted of patronizing child prostitutes, it implicitly recognizes the child as a prostitute, artificially dividing child victims into those who are prostitutes and those who are not, causing secondary harm to the victims. This contradicts the legislative intent of protecting children under criminal law and violates the "best interests of the child" principle established by the Convention on the Rights of the Child.
