【禁闻】未成年性侵幼女不定罪?激民愤

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【新唐人2013年10月27日讯】中共最高法院等四个部门,24号联合发布了多项有关性侵幼女犯罪的规定,其中一条“不满16岁,偶尔与幼女发生性关系者不算犯罪”,引起舆论的一片哗然,网民纷纷的怒骂“两高”新规,是助长未成年人犯罪的“恶法”,法律界则认为,这条法规是在为未成年人强奸幼女“开后门”。

10月24号,中共最高法院、最高检察院、公安部、司法部四个部门,联合出台了《关于惩治性侵害未成年人犯罪的意见》,其中第23条规定:已满十四周岁不满十六周岁的人偶尔与幼女发生性关系,情节轻微、未造成严重后果的,不认为是犯罪。

对此,网民们质问:“这是在鼓励未成年人强奸幼女吗?”

大陆微博也出现了一面倒的怒骂,像“脑袋进水了吗?”、“良心是粪土做的吗?”、“这条法律是人定的吗?”这类的吐槽比比皆是。

有网民反问:“立法者,你家没有女儿,孙女吗?”有人则提议:支持立法的把自己的女儿献给党组织。还有网民讽刺,这条法律明显是为官三代、红四代准备的。也有的网民担心说:有了恶法的保护,今后作案的人会越来越猖獗。

在震惊海内外的“海南校长携幼女开房案”中,作为受害幼女代理律师的隋牧青认为,这条被百姓称为“恶法”的新规,就是专门为中共权贵阶层制定的。

广州人权律师隋牧青:“这个其实很明显,我觉得都是在给一些权贵留有后门,让他们以后有脱罪的机会。中国的法律本来就是一个治民而保官的,本来这个出发点就是这样,而现在这种倾向就越发的明显。”

《意见》中的第19条第二款,同样遭到了网民的质疑。规定说:对于不满12周岁的被害人实施奸淫等性侵害行为的,应当认定行为人“明知”对方是幼女,构成强奸罪。

网民质问,《刑法》明明规定与14周岁以下幼女发生性关系构成强奸,为什么新规的条件反倒放宽了?

来自广东东莞的重庆籍访民冉崇碧,她的女儿在08年不到五岁的年纪,被邻居强奸后患上了性病,至今仍没有治愈,但广东法院只将罪犯判处了7年有期徒刑,没有民事赔偿。冉崇碧在听说这两条新规后,感到气愤,她担心会有更多的强奸犯借此逃脱法律责任。

重庆访民冉崇碧:“未成年的(强奸)应该是构成犯罪的,怎么不构成犯罪呢?我对这个绝对的反抗!那这样讲的话,那这些犯罪就越来越多了,他就觉得无所谓了﹔强奸14岁的就不属于犯罪了?越改越小了?这是啥意思啊?我是绝对的抗议,我要举牌!”

大陆近年来侵犯幼女的案件不断,仅今年就曝光了25起,包括海南“万宁小学”校长携6名幼女开房案、河南“南阳小学”教师性侵16名女生、 安徽潜山县小学校长在12年中先后性侵9名女童、湖南永州12岁少女遭3名教师强暴生子等。

这些被公开的丑闻也仅仅是冰山一角。据“中国儿童少年基金会”发布的报告显示,大陆幼女性侵事件发生率最高可以达到21.8%。

为何大陆猥亵、强奸幼女现象如此猖獗?民间认为:公、检、法、司难逃其责。

冉崇碧:“那些机关哪,觉得这些强奸罪,觉得是游戏,他们跟本都没有重视。他们根本都不是来保护什么妇女、儿童权,根本就没有这种想法。各个省的那些政府啊,纯粹是不想按照法律,就是按照人民币办案。”

性侵,给孩子造成的不仅仅是身体上的创伤,更多的是心灵上永远无法抹去的痛。

重庆访民冉崇碧女儿:“从发生案后,我受到了很大的伤害,给我心理留下了阴影,很大的阴影。我学都上不了了,希望早点处罚罪犯。”

包庇强奸犯、制定“恶法”的中共官员,你们是否听到了孩子痛苦的呼声?

采访编辑/张天宇 后制/李智远

China: New Sex Offender Legislation for Minors Angers Public

Anchor :
The Chinese Communist Party has issued it’s
latest regulations on sex offenders involving minors.
One regulation states,"it is not a crime for those under 16 years
of age, to have occasional sexual relations with young girls."
This has caused a public uproar in China. Internet
users call the new regulations “draconian measures."
Law experts say the new regulations open
the back door for juvenile sex offenders.

Reporter :
On October 24, the Supreme Court, the Supreme Procuratorate,
the Ministry of Public Security, and the Ministry of Justice jointly
issued “Opinions on Punishment of Sex Crimes against minors."

In Article 23, it states:"Those who are older than 14 years
of age, and younger than the age of 16, and who have
occasional sex with young girls, as a minor incident which
causes no serious consequences, is not considered a crime."

In response, internet users question
whether this encourages minors to rape?

Many microblogs are reacting angrily; “is the brain full of water?";
“dirt as conscience!"; “is this legislator even a human being?"

A netizen asks: “Legislators, have
you no daughter or granddaughter?"
Another post suggests: “I support the
legislators dedicating their daughters to the party."
Some internet user state that these regulations are obviously
for the younger generations of the officials and cadres.
One netizen worries that with the protection of
draconian laws, these rampant crimes will only increase.

Sui Muqing was the defense attorney for the victims
in the school principal rape case in Hainan.
He believes this draconian measure is specifically
set up for the privileged in the Communist regime.

Sui Muqing, Guangzhou human rights attorney:
“This is very obviously a back door.
It is designated for the dignitaries,
so they can escape from the charge.
Our laws have always been ones to protect
the officials and to regulate the public.
It was initiated with that purpose, and
now it’s only getting more obvious."

Article 19, section 2, of the legislation
has also received much criticism.
It states: “Sexual assault with victims younger than
12 years of age is constituted the crime of rape."

People question on the internet that Criminal Law clearly states
that sexual relations with girls younger than 14 is considered rape.
The new legislation actually constitutes a relaxation of the law.

Ran Chongbi is a petitioner from Guangdong.

In 2008, her daughter, at the age of 4, was raped by a neighbor,
and has since suffered from a sexually transmitted disease.
Guangdong Court ruled a 7-year imprisonment
for the rapist, without any civil compensation.
Ran Chongbi was furious over the new legislation.

She worries that more rapists will escape justice.

Ran Chongbi, Chongqing petitioner:"Minors raping should
constitute a crime. How does it not constitute a crime?
I absolutely deny it!

With these new rules, more and more crimes are being
tolerated. To sexually assault a 14 year-old is not a crime?
The age limit is set lower? What does that
mean? I am absolutely against it. I will protest!"

Young girls victimized by sexual assault
have increased in China recently.
There have been 25 cases exposed just this year.

A principal of Wanning primary school,
Hainan, raped 6 school girls in a hotel.
16 girls were raped by a teacher at
Nanyang Primary School of Henan.
Qianshan elementary school Principal raped 9 girls in 12 years.

A 12-year-old girl was raped by three
teachers and subsequently had a child.

These publicized scandals are only the tip of the iceberg.

According to China Children and Teenagers Fund report,
as many as 21.8% of young Chinese girls are rape victims.

The government, the prosecution, the justice, and the judicial
system are said to be the ones to blame for this rampant
phenomenon of young Chinese girls being molested and raped.

Ran Chongbi: “These legal organs consider
rapes as a game. They do not care in the least.
They have no intention of protecting women or children,
and none of the local governments are governed by law.
Their investigations are based on RMB."

Sexual assault causes more than physical injury to the children.

It can also cause psychological trauma, that could never go away.

Ran Chongbi’s daughter: “This assault
has caused serious harm to me.
It has left a dark shadow in my heart, it’s huge.

I can’t go to school. I want the criminal to be punished."

It has been asked whether the Communist officials
who continue to cover up rapists actions, and create
draconian laws, have heard the cries of a suffering child?

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