BEIJING: New interpretation of legislation provides definitive answers to vexed questions and provides greater protection for young people. Cao Yin reports. China’s judicial authorities have long pondered a controversial subject: how to deal with the sexual assault of minors via the internet.
Some legal professionals believe that people who encourage juveniles to undress and then talk with them via computer cameras or request naked photos or videos should not be prosecuted because no physical contact has been made. However, others refute that stance, saying that acts that can seriously harm the mental health of minors must be severely punished. The debate among prosecutors and judges centered on the types of charges that could be brought against such behavior: Insulting the children? Distributing obscene materials? Molestation? Recently, a legal document provided a definitive answer to the problem. On May 25, the Supreme People’s Court and the Supreme People’s Procuratorate, the top judicial authorities, issued an interpretation of the Criminal Law that specified a number of circumstances in which people who sexually abuse children online should be prosecuted.
The interpretation gives clear guidance, saying that those who encourage or force minors to expose their genitals, ask them to have nude chats or request naked photos or videos in cyberspace should be categorized as molesters in accordance with the law. Under the Criminal Law, anyone who molests a child faces a prison term of up to five years. However, the sentence can be increased if that person molests several children, abuses the same child many times or causes injury or other serious consequences to a minor.
After reading the interpretation, which took effect on June 1, Huang He, a judge with the Beijing Chaoyang District People’s Court, said, “Such a clear definition is of great significance as it gives us precise guidance for handling such cases in the future.”
In Huang’s opinion, molestation via the internet harms the dignity of minors and may also cause mental problems. “The offense is just as severe as the same act offline, so offenders must be prosecuted and heavily punished (if convicted),” he said.
When He Li, chief judge at the SPC’s No 1 Criminal Adjudication Tribunal, introduced the interpretation, she said, “Clarifying the definition of online molestation is a response to public concerns and it deals with new crimes in cyberspace in the new era.”
She added that the judicial authorities are committed to maintaining a zero-tolerance attitude toward sex crimes against minors, and said the interpretation is a new step in child protection. –The Daily Mail-China Daily news exchange item
