Some China Rape Cases Legal Study

Legal Study of Rape Cases in China

Wei Minghui rape case

At about 20 o'clock on February 9, 2016, the defendant Wei Minghui drank and met A (victim, female, 5 years old) from the same village playing outside his new house in a county in Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province. Using firecrackers to deceive A to the door of his old house, pinch A’s neck with both hands and cause him to fall into a coma. Then he hugged him to the sweet potato hole in his responsible field, and then went to the old house to get a hatchet and a hoe. 

After committing adultery, he put it into the sweet potato hole, cut A's throat with a hatchet, and digged the soil with a hoe to bury A. 

According to the forensic medical examination, A's department was choked and choked by others and died of suffocation. He was alive when he was sexually assaulted and died before his neck was cut.


  Referee result

   The People’s Procuratorate of Qiandongnan Miao and Dong Autonomous Prefecture in Guizhou Province prosecuted the defendant Wei Minghui for intentional homicide and rape. 

The Intermediate People’s Court of Qiandongnan Miao and Dong Autonomous Prefecture held that after trial, the defendant Wei Minghui ignored national laws, strangled the victim’s neck after drinking, committed adultery to the victim, and caused the death of the victim. 

Wei Minghui's behavior has constituted the crime of rape. The crime is particularly bad, the consequences are particularly serious, and the social harm is great, and should be severely punished in accordance with the law. In accordance with the second paragraph of Article 236 of the Criminal Law of the People's Republic of China, the third paragraph (1) and (5), the defendant Wei Minghui was sentenced to death for rape and deprived of political rights for life.


   After the sentence was pronounced, the defendant Wei Minghui filed an appeal. The Higher People's Court of Guizhou Province opened a court session in accordance with the law, and ruled to reject the appeal, uphold the original judgment, and report to the Supreme People's Court for approval. 

After a review, the Supreme People's Court approved the death sentence of the defendant Wei Minghui in accordance with the law. Wei Minghui has been executed recently.


 Typical meaning

   People’s courts have always adhered to a zero-tolerance stance against the crime of adultery of underage girls. If the crime is extremely serious and should be sentenced to death, it shall be sentenced firmly in accordance with the law. 

In this case, the defendant Wei Minghui raped a 5-year-old girl and caused her death, challenging the bottom line of social ethics, the nature of the crime was bad, the methods were cruel, the plot and the consequences were serious, and the social harm was great. 

The people's court sentenced and executed Wei Minghui to death, demonstrating the determination and attitude of the judiciary to severely crack down on crimes of sexual assault against children, and to maximize the protection of children's personal safety and physical and mental health.


The Rape of Dong Qi

Source: Supreme People's Court

   (1) Basic case

   At about 0:00 on May 23, 2013, the defendants Dong Qi and Guo Moumou (handled in another case) went over the wall and entered the west campus of a middle school in Botou City, Hebei Province, and jumped out of the window to enter the girls’ dormitory. 

Dong Qi used violent and coercive methods such as slapped neck, slapped, verbal threats, and successively stripped off the clothes of the six girls of the victim Zhang XX, Zhao XX, Tian XX, Wang XX, Hu XX, and Wang XX. 

Forcibly committed adultery, in which, in addition to the attempted rape of Wang Moujia, the rape of the other five victims was completed.

 Among the six victims, Wang Moujia had just turned 14 years old, and the other five victims were all under 14 years old.


   Referee result 

   The People's Procuratorate of Cangzhou City, Hebei Province prosecuted the defendant Dong Qi for rape. The Intermediate People's Court of Cangzhou City found that Dong Qi raped several underage girls and used violence and coercion against the will of women to forcibly rape the victim Wang Moujia as a crime of rape. The crime charged by the public prosecution agency was established. 

The victims Zhang Moumou, Zhao Moumou, Tian Moumou, Hu Moumou, Wang Moumou were all under the age of 14. Dong Qi continuously committed adultery on the above five underage girls and should be severely punished.

 However, Dong Qi's attempted rape of the victim Wang Moujia can be given a lighter punishment compared to the completed offender. In accordance with the provisions of Article 236, paragraphs 1, 2, and 3, paragraph 2, Article 23 and Article 57, paragraph 1 of the Criminal Law of the People’s Republic of China, the defendant Qi was sentenced to death for rape, suspended for two years and deprived of political rights for life.


   After the judgment was announced, there was no appeal or protest within the statutory time limit. After the Hebei Provincial Higher People's Court reviewed in accordance with the law, it agreed to approve the original judgment.


  Typical meaning 

   This case is a rape crime committed against school girls. The crime took place in a special place and occurred in the school girls’ dormitory. After the defendant Dong Qi entered the female dormitory by climbing over the wall and climbing the window, he committed crimes continuously and committed adultery on six underage girls. 

The crime was particularly bad and the consequences were serious, which seriously affected the personal safety of the students. According to the provisions of the Criminal Law, anyone who rapes a woman or commits adultery with several under-age girls shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death.

 Article 25 of the "Opinions on Punishment of Crimes of Sexual Violation of Minors" stipulates that: "Anyone who commits rape or indecent crimes against minors shall be punished severely, and those who have one of the following circumstances shall be punished severely according to law.

Entering a minor’s residence or a student dormitory to commit rape or indecent crimes; "Considering the nature, circumstances and consequences of the crime in this case, the Cangzhou Intermediate People’s Court sentenced Dong Qi to death, suspended for two years, and deprived of political rights for life .


   It is worth noting that on the night of the crime, there were more than a dozen girls in the dormitory where the victim was located, and none of them called for help or resisted during the crime. 

In the meantime, when the teacher on duty rounds the ward, no students call the teacher for help, resulting in failure to detect and stop the defendant’s criminal behavior in time. 

The reason is that the victims are still young and have a very weak sense of self-protection. This warns that minors’ parents and schools should increase education on minors’ self-protection awareness, strengthen school safety facilities and safety supervision measures, and avoid similar tragedies.


The Rape of Bai Junfeng

   Defendant Bai Junfeng, male, 27 years old, farmer. On suspicion of rape, he was arrested on July 27, 1995.

   The People’s Procuratorate of Yixian County, Liaoning Province filed a public prosecution with the Yixian County People’s Court for the rape of the defendant Bai Junfeng.

   The People's Court of Yi County found out after a closed trial:

   The defendant Bai Junfeng and the victim Yao XX were married on October 1, 1994. After the marriage, the relationship between the couple was not good, and they had frequent quarrels. 

Yao Moumou returned to live in her natal family on February 27, 1995 and filed a divorce request with Bai Junfeng. After mediation by the village committee, the two parties had a dispute over the amount of the gift to be returned, and no agreement was reached.

   At about 8 o'clock in the evening on May 2, 1995, the defendant Bai Junfeng went to Yao's house to ask Yao XX for a betrothal gift. The two parties agreed that they would find a middleman the next day, and then Bai Junfeng went home. 

At 9 o'clock in the evening, Bai Junfeng went to Yao's house again. 

Yao Moumou said to Bai Junfeng: "Didn't I have already said it, tomorrow I will find a middleman to solve it?"

 He took off his clothes and went to sleep on the kang. Upon seeing this, Bai Junfeng also undressed to live in Yao's house. Father Yao said: "Xiaohong, you go back to old Bai's house." Bai Junfeng said: "No, it's late." At this time, Yao XX sat up from the bed and wanted to dress. Bai Junfeng pushes Yao down and wants to have sex with him. 

Yao Moumou refused to allow him and went into prison with Bai. Bai Junfeng rode on Yao, grabbed Yao's underwear, Yao grabbed Bai Junfeng's hair. Bai Junfeng picked up the scissors and cut Yao's underwear. 

Yao Moumou picked up the scissors and wanted to tie Bai Junfeng, but Bai Junfeng snatched it and threw it away, and then forcibly had sex with Yao. 

Yao Moumou continued to fight with Bai, holding his white hair, and tearing the white vest. Bai Junfeng knocked Yao XX down and tied Yao's hand with a belt.

   After receiving the report from Yao's father, Chen Moumou, the village health care director, came to Yao's house and saw Bai Junfeng lying on Yao Moumou outside the window and coughed. 

When Bai Junfeng heard it in the house, he shouted, "We are working on errands! Whoever wants to see it, come in!" Chen Moumou came into the house and said, "You couple, hurry up and go to the village when you are done." 

After being untied, he returned to the village committee and called Bai Junfeng and Yao to go to the village committee on the radio. During this time, Bai Junfeng forcibly had sex with Yao Moumou for the second time. Bai Junfeng ravaged Yao for more than five hours, causing Yao to fall into a coma due to convulsions and was rescued by a doctor. The Yao family paid 301.8 yuan for medical expenses.

   The People's Court of Yi County held that: during the marriage relationship between the defendant Bai Junfeng and Yao XX, the act of forcibly having sex with Yao XX did not constitute the crime of rape. 

In accordance with the provisions of Item (2) of Article 162 of the Criminal Procedure Law of the People's Republic of China, the judgment on October 13, 1997 was as follows:

  The defendant Bai Junfeng is innocent.

   After the verdict of the first instance was pronounced, the defendant Bai Junfeng did not appeal within the statutory time limit, and the procuratorial organ did not lodge a protest.


Wang Mingyun, former vice chairman of the Anhui Writers Association, was sentenced to probation for rape case

   The rape case of Wang Mingyun, the former vice chairman of the Anhui Writers Association, which lasted for nearly a year, has recently been finalized.


   The Paper recently learned from China Judgment Documents that on December 19, 2017, the Hefei Intermediate People's Court of Anhui Province (hereinafter referred to as the "Hefei Intermediate People's Court") made a second-instance judgment on the rape of Wang Mingyun. 

The verdict revoked the conviction and sentence of the court of first instance for Wang Mingyun’s three-year and nine-month imprisonment. Wang Mingyun was sentenced to three years’ imprisonment and four years’ probation for rape.


   On February 8, 2018, a staff member of the Office of the Anhui Writers Association told The Paper that after the second-instance judgment took effect, the Anhui Writers Association removed Wang Mingyun's identities as the vice chairman of the Anhui Writers Association and the Anhui Writers Association.


   Wang Mingyun has been elected as the vice chairman of the Anhui Writers Association for more than 4 years.


Infographics on Some China Rape Cases Legal Study

   According to public information, Wang Mingyun is a national first-level writer with a pen name Lanpo. In December 2013, he was elected as the vice chairman of the Anhui Provincial Writers Association and served as the chief editor of the "Poetry Monthly" magazine hosted by the Anhui Provincial Federation of Literary and Art Circles.


   Wang Mingyun graduated from the Department of Management of the Central Party School in 1992 and served as deputy secretary of the Youth League Committee and office director of a large enterprise. 

Wang Mingyun began to publish works in 1980 and joined the Chinese Writers Association in 2004. He has written poems "To a Cloud", "Flock of Flying Pigeons", "The Last Way", "Fictional Gestures", "Original Sin", etc., and a collection of essays "Cry for Life" ", Reportage Collection "Entering One's Landscape". In 2014, Wang Mingyun published a collection of personal memory essays "My Journey of Compromise".


The Hefei Intermediate People’s Court published the Criminal Judgment of the Second Instance Rape of Wang Mingyun (2017 Wan01 Xing End No. 762) published on the China Judgment Documents website on January 26, 2018. 

The appellant (defendant in the original trial) Wang Mingyun, male, was born on November 24, 1962. Suixi County, Anhui Province, Han nationality, university culture, lives in Shushan District, Hefei City. 

On January 7, 2017, Wang Mingyun was criminally detained by the Shushan Branch of the Public Security Bureau of Hefei City on suspicion of rape. 

On January 19 of the same year, he was arrested with the approval of the Shushan District People’s Procuratorate of Hefei City (hereinafter referred to as "Shushan District Procuratorate"). The Shushan Branch of the Municipal Public Security Bureau executed the arrest.


The Shushan District People’s Court of Hefei City (hereinafter referred to as the “Shushan District Court”) tried the case of the Shushan District Procuratorate’s accusation that the defendant Wang Mingyun was guilty of rape in a criminal incidental civil lawsuit, and made (2017) Wan 0104 early sentence 351 on September 26, 2017 No Criminal with civil judgment. 

The defendant in the original trial, Wang Mingyun, was dissatisfied with the criminal judgment and filed an appeal. The Hefei Intermediate People's Court formed a collegial panel in accordance with the law. 

After reviewing the files, interrogating the appellant, and listening to the opinions of the defender, it considered that the facts of the case were clear and decided not to open a trial. The case has now been concluded.


The original judgment of the Shushan District Court found that at about 10:50 on January 6, 2017, the victim Chen came to a community in Shushan District, Hefei City, where the defendant Wang Mingyun lived, and planned to sign a cooperation agreement with Wang Mingyun at a nearby cafe. 

After Wang Mingyun went downstairs to meet with Chen, she proposed to let Chen come to her home to sign a contract. Because it was raining, Chen agreed and followed Wang Mingyun to his home.


   After arriving at Wang Mingyun's house, the two of them drank tea and chatted in the living room, but did not sign a cooperation agreement in time. At about 12:30, Wang Mingyun asked Chen to eat at her residence and used his mobile phone to order the food, but the operation was unsuccessful.

 After that, Chen ordered a takeaway meal through his mobile phone. About half an hour later, the two began to dine in the restaurant. Wang Mingyun took out a bottle of Moutai to drink the remaining Moutai and persuaded Chen to drink it together. 

Chen felt dizzy after drinking a glass of white wine, so he took the opportunity to contact his boyfriend Yang and asked Yang to pretend to be a client and call him to leave. 

After Chen received a call from Yang, he declined to drink because he had to meet other customers in the afternoon, but Wang Mingyun continued to persuade Chen to drink.


   The original judgment determined that Chen developed drunken symptoms after drinking 3 small glasses of about 2 taels of liquor and gradually lost consciousness. 

Wang Mingyun then hugged Chen to the bed in the bedroom on the west side of her residence, took off Chen's lower body clothes, and had sex with Chen. At about 20 o'clock that night, Chen woke up to find that he was naked, put on his pants and left the scene in a panic. 

At 23:00, Chen returned to his residence, and Yang called the police when he learned of Chen's experience.


   At about 10 o'clock on January 7, 2017, the public security organs arrested the defendant Wang Mingyun at his residence in Shushan District, Hefei City.


   The original trial court held that: Defendant Wang Mingyun violated the will of women by forcibly having sexual relations with women, and his behavior constituted the crime of rape. 

Accordingly, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the defendant Wang Mingyun was found guilty of rape and sentenced to three years and nine months in prison.


   The defendant Wang Mingyun in the original trial held that his relatives had reached a settlement agreement with the victim during the second instance, and the victim should forgive him, requesting a lighter punishment and a suspended sentence. The defenders put forward basically the same defense opinions.


The Hefei Intermediate People's Court found that the fact that the appellant Wang Mingyun was guilty of rape has been confirmed by the evidence listed in the first-instance judgment. The listed evidence has been presented and cross-examined in the first instance. The evidence is confirmed.


   The Hefei Intermediate Court found separately that during the second instance of the case, the relatives of the appellant Wang Mingyun and the victim Chen reached a settlement agreement, and Wang Mingyun's relatives compensated the victim.

 The victim Chen issued a written understanding to the Hefei Intermediate People's Court, to understand Wang Mingyun, and request the Hefei Intermediate People's Court to give him a lighter punishment and apply a suspended sentence.


   Hefei Intermediate People's Court held that: the appellant Wang Mingyun violated the will of the woman and had sex with the victim while the victim was in a drunk state, and his behavior constituted the crime of rape. During the second instance, the appellant Wang Mingyun pleaded guilty and repented. His relatives actively compensated the victim and obtained an understanding. The appellant Wang Mingyun can be probated. 

The facts found in the original judgment were clear, the applicable law was correct, and the trial procedures were legal. Accordingly, in accordance with Article 236 Paragraph 1, Article 72 Paragraph 1, Article 73 Paragraph 2 and 3 of the Criminal Law of the People’s Republic of China, Article 225 Paragraph 1 of the Criminal Procedure Law of the People’s Republic of China (2) The judgment is as follows:


   1. The first item of the Shushan District Court (2017) Wan 0104 Xing Chu No. 351 criminal judgment was revoked, namely the conviction and sentencing of the defendant Wang Mingyun;


   2. Appellant Wang Mingyun was guilty of rape and was sentenced to three years’ imprisonment and four years of probation (the probation period of probation shall be calculated from the date of determination).


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Zhejiang University Nuerte rape case, the court has a law to follow

Efforts to make the people feel fairness and justice in every judicial case is an inherent requirement and intended meaning of the construction of a society under the rule of law. Although the law gives judges the discretionary space, this space is set to reflect fairness and justice. , By no means for other purposes.

In the past two days, Zhejiang University, a century-old school, has been scolded in hot searches.


The reason is the result of the court decision in a rape case and the school punishment decision.


Most netizens are annoyed that Nuerte Batel, a student at Zhejiang University, has been sentenced to rape for only one and a half years, and the sentence is suspended for one and a half years, which is equivalent to not having to go to jail.


What is even more disgusting on is that Zhejiang University only gave Nuertebaatar the sanction for detention, and the sanction can be applied to be lifted when the sanction expires. For a while, public complaints are boiling!


Everyone almost overwhelmingly thought that the court's sentence was too light, and the school's sanctions were even more trifling!


When Mr. Wu Mo first saw the news, he felt the same as everyone else. He was so angry that he wanted to yell at him. How could the rapist be sentenced like this? Is there a King Fa?


However, to Mr. Wu Mo’s surprise, the court’s decision was actually legal and in compliance with the law.

After Wu Mojun searched a lot of relevant legal information and read the posts of several major practicing lawyers, he found the reason for the court's light sentence. Please listen to Wu Mojun's analysis:


1. What is rape?

According to Article 263 of the Criminal Law: Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. 

Anyone who rapes a woman or rapes an underage girl in any of the following circumstances shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death:


(1) The raping of women or the rape of underage girls has a bad circumstance


(2) Many people rape women or rape young girls.


(3) Rape women in public in public places.


(4) Gang rape of two or more persons.


(5) Causing serious injury or death of the victim or causing other serious consequences.


In addition, the Criminal Law also stipulates the circumstances under which a lighter or mitigated punishment can be imposed:


(1) For the suspended offender, if no damage is caused, the penalty shall be exempted; if the damage is caused, the penalty shall be mitigated (excerpted from Article 24 of the Criminal Law).


(2) Criminals who surrender can be given a lighter or mitigated punishment. Among them, those who commit a minor crime can be exempted from punishment (excerpt from Article 67 of the Criminal Law).


2. Why is Nuertebaatar's sentence reduced?

We know from the legal provisions that the statutory penalty for rape is three to ten years, and the lightest penalty is three years in jail. Why is Nuerte Batel only sentenced to one and a half years?


According to the verdict [(2020) Zhejiang 0106 Xingchu No. 140 Criminal Judgment] circulated among the people, Nuerte is a crime discontinued and has a surrender complex.


Here comes the point! Nuerte belongs to the discontinuation of the crime, that is to say, even if his criminal behavior caused harm to the girl in this case, article 24 of the Criminal Law still applies and the punishment should be mitigated. 

And Nuertebaatar also voluntarily surrendered. According to Article 67 of the Criminal Law, the act of surrendering can be given a lighter or mitigated punishment.


A lighter, that is, the statutory sentence is three to ten years, the minimum period that can be sentenced, three years.


Mitigation, that is, a reduction in the minimum sentence of three years, can be sentenced to less than three years.


If the crime of rape meets the conditions for mitigation, the final sentence should be less than 3 years, as is the case in Nuerte Batel.


3. How did the probation for one and a half years come?

The Criminal Law stipulates that criminals who have been sentenced to criminal detention and a fixed-term imprisonment of not more than three years can be probated if they meet the following conditions: 

(1) The crime is relatively minor

(2) There is a repentance

(3) There is no danger of committing a crime 

(4) The announcement of probation has no major adverse effects on the community in which they live.

Nuertebaatar was very lucky. He was able to meet the above conditions for probation. He did not need to go through another year and a half of prison life. He was released.

Refer: Rape Case of Li Xx

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