The judgment for sexual assault of minors is as follows:
1. The subject of the crime is a minor who is over 14 years old but under 16 years old;
2. Measurement Whether a person's behavior constitutes a crime must meet three elements at the same time, namely, social harm, criminal illegality, and criminal punishment. If the two parties are lovers or have other sexual relations, it is completely voluntary and without force. Such deviant behavior can only be corrected through moral means;
3. It must be accidental and minor. There were no serious consequences.
Article 17 of the "Criminal Law of the People's Republic of China" A person who has reached the age of 16 and is criminally responsible shall bear criminal responsibility if he commits a crime.
Any person who is over 14 years old but under 16 years old and commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or placing dangerous substances shall be held criminally responsible. responsibility.
If a person who is over 12 years old but under 14 years old commits the crime of intentional homicide or intentional injury, causing death or severe disability by particularly cruel means, and the circumstances are serious, prosecution shall be approved by the Supreme People's Procuratorate. , should bear criminal responsibility.
If a person under the age of 18 is held criminally responsible in accordance with the provisions of the first three paragraphs, he shall be given a lighter or reduced punishment.
For those who are not subject to criminal punishment because they are under the age of 16, their parents or other guardians shall be ordered to discipline them; if necessary, special corrective education shall be carried out in accordance with the law.
Article 56 additionally and independently applies deprivation of political rights. Criminals who endanger national security shall be deprived of political rights in addition; for serious crimes such as intentional homicide, rape, arson, explosion, poisoning, robbery, etc. Criminals who disrupt social order may additionally be deprived of political rights.
Deprivation of political rights shall be independently applied in accordance with the provisions of this law.
Article 236 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 young girl under the age of fourteen shall be severely punished for the crime of rape.
Whoever rapes a woman or a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death:
(a) Rape a woman or a young girl;
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(2) Rape women or multiple young girls;
(3) Rape women or rape young girls in public in public places;
(4) Gang rape of two persons More than one person;
(5) Rape or cause harm to a young girl under ten years of age;
(6) Cause serious injury, death or other serious consequences to the victim.