According to Jim News, many pictures posted on the Internet show that a woman of 13 years old reported by color Doppler ultrasound: early pregnancy, intrauterine pregnancy, embryo survival, no obvious occupation of bilateral ovaries, and pelvic effusion. The color Doppler report was issued by Rugao Pok Oi Hospital on March 22nd. On March 23rd, the medical staff of Rugao Pok Oi Hospital responded to the reporter from The Paper. Because it involves patient privacy, it is not convenient to disclose this matter. For the question of "whether to call the police to handle this matter", the other party hangs up after listening.
Police notice
On the afternoon of March 23rd, the Public Security Bureau of Rugao City, Nantong City, Jiangsu Province issued a warning notice: The public security organs found in their work that a graphic message "Rugao First Hospital's report showed that a girl of age-13 was pregnant" attracted the attention of netizens. It was found by the public security organs that on March 3, 2022, after receiving the alarm, the police filed a criminal case on March 4 after examination. The criminal suspect Jin Moulei (male, minor) was suspected of rape and was taken criminal compulsory measures on the same day.
Lawyer Deng, director of Shanghai Quandian Law Firm, analyzed the legal issues related to this case to Red Star News.
Red Star's point of view: Does it constitute rape for a man to have sex with a girl aged 13 and get her pregnant?
Lawyer Deng: There is one factor to consider, whether this person has reached the legal age of criminal responsibility. Because the police told the man that he was a minor, according to the provisions of China's criminal law, even minors who commit rape should bear criminal responsibility and should be given a lighter or mitigated punishment.
The police have taken criminal compulsory measures against the man suspected of rape, who is likely to be over 14 years old. If the man is under the age of 14, and rape is committed in this case, according to the provisions of China's criminal law, the man should not be investigated for criminal responsibility, parents should strengthen management, and relevant departments should carry out shelter education.
According to the law, if the man doesn't know that the woman is under the age of 14, the man doesn't commit rape. In other words, the premise of the man committing rape is that he knew that the woman was under 14 years old. Under this premise, even if the woman is voluntary, then the man's behavior also constitutes rape.
Red Star's opinion: The hospital found a girl under the age of 14 pregnant during the physical examination. Is there an obligation to report?
Lawyer Deng: According to the provisions of China's Law on the Protection of Minors, any unit or individual has the obligation to report to the public security organs or relevant departments when it finds that minors have suffered or may suffer unlawful infringement or are in danger.
Red Star's point of view: The police remind all sectors of society to protect minors. What should ordinary netizens do?
Lawyer Deng: Even if the case enters legal proceedings in the future, netizens should protect the privacy of these two minors when publishing this information, and do not publish their photos, home addresses and other personal information. This is also the legal obligation that every netizen should abide by when releasing relevant news.