According to Article 236 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 but not more than ten years. Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. Whoever rapes a woman or rapes a young girl under any of the following circumstances 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; Provided by China Criminal Defense Network
(5) Causing serious injury, death or other serious consequences to the victim.
Extended data
Case:/kloc-A junior high school student aged 0/6 raped a female classmate and was sentenced to five years' imprisonment by the court.
On September 8th, the case of the defendant He Mou gang-raped a female middle school student was heard in fengqiu county People's Court. After trial, the court sentenced the defendant He to five years in prison for rape.
Defendant He Mou, male, born in 1998, Han nationality, junior high school education, from Weibin District, Xinxiang City. Suspected of rape, he was detained by Xinxiang Public Security Bureau on 29 October, 20 12, and released on 4 February, 20 12. On March 9th, 20 15, with the approval of fengqiu county People's Procuratorate, he was arrested by fengqiu county Public Security Bureau.
It was found through trial by the court that on October 22nd, 20 12/kloc-0, the defendants He Mou, Zou Mou (sentenced), Xu Mou (sentenced), (under 14 years old at the time of the crime), Li Moujia (under 14 years old at the time of the crime) and Li Moujia (under/4 years old at the time of the crime).
During the trial, the court learned that the defendant He had no criminal record and was introverted. Usually, I do well at home, and my academic performance at school is average, but I can unite my classmates, love my work and not violate the law and discipline. Before committing a crime, I was always supervised and educated by my family when I was growing up. After committing a crime, you can recognize your mistakes and actively correct them.
Given that he was a minor at the time of committing the crime and was a student at school, it is suggested that he be given a lighter punishment according to law. Both the prosecution and the defense have no objection to the social investigation report of the defendant He Mou.
After the trial, the court held that the defendant He Mou and others had forced sexual relations with women against their will. The facts of the crime are clear and the evidence is indeed sufficient. His behavior has constituted the crime of rape. The public prosecutor accused him of being guilty and the court supported him. The defendant He Mou conspired with others to commit a crime intentionally, which is a crime of * * *. In the process of the same crime, the defendant played a major role and was the principal offender.
Defendant He was over 14 years old but under 16 years old when he committed the crime. He is a minor and should be given a mitigated punishment according to law. After the incident, the defendant He Mou obtained the understanding of the victim and his legal representative and decided to give a lighter punishment according to law. The defender argued that the defendant He Mou was a first-time offender, had no criminal record, was a minor at the time of the crime, had a good attitude of pleading guilty, obtained the understanding of the victim, and demanded a mitigated punishment according to law, which was adopted by our court.
Finally, the court made the above guilty verdict according to the defendant He's criminal facts, circumstances, confession and repentance, and in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC).
References:
Wen county Public Security Bureau Network-Criminal Law
References:
China court network-16 junior high school students raped female classmates and were sentenced to five years in prison.