Compiled from: Guangzhou Daily, The Paper
 
On May 22, 2020, the third session of the 13th National People's Congress will convene in Beijing. Among the proposals submitted by NPC deputy Zhu Lieyu, one has drawn attention, with specific content as follows:It is recommended to amend the Criminal Law so that for relationships involving guardianship, teacher-student dynamics, or management, the age of sexual consent should be raised to 18; for romantic partners with an age difference not exceeding five years, the age of sexual consent remains at 14; for other general circumstances, the age of sexual consent should be increased to 16.

 
一、 For relationships involving guardianship, teacher-student dynamics, or management, the age of sexual consent should be changed to 18.
1. Current legislation in China
Currently, China's Criminal Law stipulates that anyone who has sexual intercourse with a girl under the age of 14, regardless of whether the girl is coerced or consents, is punished as rape, because a minor girl lacks the capacity for sexual consent.
 
In October 2013, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Punishing Crimes of Sexual Assault against Minors According to Law," which stated that "a person with special responsibilities toward a female minor aged 14 or above who uses their advantageous position or the victim's isolated and helpless situation to coerce the minor into submission and engage in sexual relations shall be convicted and punished for the crime of rape."
 
"This opinion only stipulates the situation of coercing a minor victim into submission, but does not clarify whether a minor's consent to sexual relations with a person with special responsibilities is valid when sexual behavior occurs under a specific relationship between the two parties.
 
2. Current foreign legislation
Zhu Lieyu mentioned in the proposal: "In foreign laws, when protecting the sexual rights of female minors, stricter provisions on the age of sexual consent for female minors in trust relationships are generally adopted."
 
The German Criminal Code stipulates that a person with guardianship or protection responsibilities toward a minor must wait until the minor reaches the age of 18 to engage in sexual relations with them. The UK's Sexual Offences Act stipulates that for groups with special trust relationships, such as teachers and students, guardians and wards, the age of sexual consent for minors is 18.
 
3. The necessity of amending this legal provision
In practice, the age of sexual consent at 14 is actually relatively low. In China, even if minor females have reached the age of 14, they often lack sufficient maturity in understanding their own sexual behavior. Zhu Lieyu cited a set of data in his proposal: a survey by the Sichuan Sex Sociology and Sex Education Research Center of Chengdu Institute of Technology showed that among 3,416 minors aged 13 to 17, as many as 13.93% said they "did not know" whether they had experienced sexual abuse.
 
In light of the recent case of Bao Moumou suspected of sexually assaulting his adopted daughter, as well as multiple cases of teachers sexually assaulting students, in the absence of sex education for minors, individuals with special responsibilities such as guardianship, education, training, rescue, care, and medical treatment for minors can use their advantageous positions to coerce or induce minor females, putting them in a disadvantaged or isolated state, thereby causing minor females who have reached the age of 14 to express consent to the sexual assault. Therefore, it is very necessary to make appropriate adjustments to the age of sexual consent for minor females in such situations.
 

 
二、 For romantic partners with an age difference of no more than 5 years, the age of sexual consent remains at 14.
1. Current legislation in China
In addition to the provisions of the Criminal Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Minors stipulates: "If a person between the ages of 14 and 16 occasionally engages in sexual activity with a young girl, and the circumstances are minor without causing serious consequences, it is not considered a crime."
 
2. Current legislation in the Taiwan region
In the "Criminal Code" of China's Taiwan region, it is also stipulated that "if both parties in a sexual relationship are under 18 years old, the defendant may have their sentence reduced or be exempted from punishment."
 
3. The necessity of amending this legal provision
The rationale behind both of the above provisions is to take actual circumstances into account. In reality, sexual behavior among minors objectively exists. If the age of sexual consent for minors is strictly restricted across the board, while protecting underage females from sexual assault, it may also lead to the loss of their reasonable sexual autonomy.
 
Therefore, Zhu Lieyu suggests amending the "Criminal Code" so that for romantic partners with an age difference of no more than 5 years, the age of sexual consent remains at 14 years old.
 

 
三、 In other general cases, the age of sexual consent should be raised to 16 years old.
1. Current legislation in China
From the above, it can be seen that the current criminal law only stipulates the age of sexual consent as 14 years old, but this is no longer sufficient to meet practical needs.
 
2. Current foreign legislation
Taking Asian countries as examples, both South Korea and Japan stipulate 13 as the age of sexual consent in their criminal laws, but South Korea has raised this age to 19 through special legislation, and local governments in Japan have also enacted youth protection ordinances prohibiting sexual acts with minors under 18.
 
The age of sexual consent in Western countries is generally higher, with France at 15, the UK at 16, and Russia at 16; in the United States, the age varies by state, ranging from 16 to 18.
 
3. The necessity of amending this legal provision
In China, sex education for minors is insufficient, and most minors aged 14 to 16 lack a clear understanding of sexual assault, as well as the ability to protect themselves from potential sexual abuse. Therefore, the most direct and effective way to prevent sexual crimes against minors is to amend the relevant provisions on the crime of statutory rape in China's criminal law, raise the age of sexual consent, and improve corresponding legal supporting measures.