Article 236 of China's criminal law stipulates that whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. Rape women, rape young girls
Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls; ?
(2) raping a woman or a number of young girls; ?
(3) raping a woman in public in a public place; ?
(four) gang rape of more than two people; ?
(5) Causing serious injury, death or other serious consequences to the victim.
Extended data:
Judicial interpretation of the Supreme Law and the Supreme People's Procuratorate on the trial of rape.
1. The perpetrator who knowingly has sexual relations with a girl under the age of 14 should be convicted and punished for rape in accordance with the provisions of the second paragraph of Article 236 of the Criminal Law, regardless of whether the girl is willing or not; The perpetrator didn't know that the other party was a young girl under the age of 14, and both parties had sex voluntarily, without causing serious consequences. If the circumstances are obviously minor, it is not considered a crime.
2. Whoever rapes a woman or a young girl once can determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than five years.
3. Under any of the following circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years: raping a woman or raping a young girl, and the circumstances are bad; Rape women and rape three young girls; Rape women in public places; Two or more people gang rape women; Rape causes serious injury to the victim or other serious consequences. Except for those who should be sentenced to life imprisonment or more according to law.
4. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the number and frequency of rape, the consequences of casualties and other criminal facts that affect the composition of the crime.
Baidu encyclopedia-rape
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law