【禁闻】大陆强奸幼女案 处罚因人而异

【新唐人2013年05月27日讯】中国大陆自从“海南校长带幼女开房案”被网路曝光,引发社会高度关注后,大陆“性侵幼女”的恶性犯罪事件,开始大量浮出水面,再次引发众怒和声讨。但是,中国的法律面对官员犯下的“强奸幼女罪”,原本该处以无期徒刑或死刑的刑罚,多数仅以“猥亵罪”或“嫖宿幼女罪”轻判。而受害的孩童,却无人平抚她们精神和身体上的创伤。

连日来,大陆网路频频传出小学教师、或校长强奸幼女案件,引发了家长们的恐慌。

5月24号,河南省南阳市桐柏县黄岗镇斗称沟村小学教师杨四富,性侵16名小学生,其中9人经医院确认处女膜破裂。但是,5月26号经警方证实,杨四富却以涉嫌“猥亵学生”被刑事拘留。

5月23号,广州警方通报:广东雷州英利镇武寮村小学校长郑振波,以辅导课程为借口,多次将两名六年级女生骗到学校宿舍强奸,目前被“双开”和刑事拘留。

5月15号,安徽官方通报:潜山县“天明小学”校长杨启发,先后对9名女童实施性侵,长达12年,最小受害者只有6岁,目前是以涉嫌“强奸猥亵儿童罪”被公诉。

大陆一位基层教育工作者透露,教师、校长强奸、猥亵幼女的事件,在中国大陆并不罕见,而且有逐年加重的趋势。

据了解,被法学界称为“二十年来最大法律争议”的“嫖宿幼女罪”,成为强奸幼女最好的挡箭牌,因为这项罪名的量刑最高只有15年。而大部分对幼女实施强奸的官员,都被判处了“猥亵罪”和“嫖宿幼女罪”。

时事评论员蓝述:“这个事情背后主要的原因就是:建立在无神论基础之上的共产主义文化破产之后,它所带来的整个社会的文化和道德腐败,另外一个就是,凌驾于司法之上的中共,它在政治彻底腐败之后,绝对的权力带来绝对的腐败,这个腐败所造成的中国社会全面的道德下滑和文化败坏。”

有评论认为,对强奸幼女的“禽兽们”重罪轻判,也是造成幼女性侵案增多的一个重要因素。如:新疆一名教育界官员性侵10名幼女,永城县原市委办公室官员涉嫌强奸十多名学生……本应参照《刑法》第236条规定,对犯有“强奸幼女罪”的官员处以无期徒刑或死刑,但往往他们都只被暂时拘留,至今没有任何进展。

蓝述:“他的腐败在于,它也去走司法程序,但是走出来的程序最后的效果就是这个人没事。 大部分情况是:公安局、法院、检察机构做做样子,做到最后不了了之,证据不足或者是怎么样,或者找一个其他的理由。最后这个事情就不了了之了。”

根据大陆妇联资料显示,全中国各地投诉“儿童性侵犯”的个案,1997年只有135件,而到2000年增加到3000多件,3年间猛增了20多倍。

江苏东南大学法学教授张赞甯:“主要是制度性的问题,现在我们国家有些法律定的还是可以的,主要是执行的问题,强奸罪变成猥亵罪,这个主要是对官方适用的比较多,而对一般的老百姓恐怕就没有这么幸运,权贵资本主义制度的性质就表现在这里。”

深圳一名16岁的男孩和13岁的女孩恋爱同居,在双方父母不追究的情况下,男孩居然被判处了“强奸罪”,而在民众提出质疑的时候,广东最高法院却回应说,行为人明知是不满十四周岁的幼女,而与她发生性关系,“不论幼女是否自愿”,都以“强奸罪”定罪处罚

网友不禁感叹“中国的法律,果然因人而异!”

采访编辑/张天宇 后制/葛雷

Lesser Punishments For Sexual Abusers Of Young Girls In Mainland China

Sexual abuse has become a great concern in Mainland China,

since the case of an elementary school principle in Hainan
who booked rooms in hotel with school girls.
Many vicious child sexual abuse incidents have been revealed,
provoking outrage and condemnation in society.
Under Chinese law, some officials who committed sex crimes
should have been given life imprison or the death penalty.
However, they had lenient sentences of “indecent assault”
or “Crime of Whoring with a Girl under the Age of 14”.
The child victims couldn’t heal their mind and body injuries.

In the past few days, cases of children being sexually abused
by elementary school teachers and principles have frequently
been revealed on the internet, causing great panic to the parents.

On May 24th, the news was that Menchenggou Village
elementary school teacher Yang Sifu in Henan province sexually abused 16 students,
nine of whom were confirmed by the hospital
to have ruptured hymens.
But on May 26th, Yang was only put in criminal detention
in suspicion of “indecent assault”.

On May 23rd, Guangzhou police said that Wuliao Village
elementary school principle Deng Zhenbo in Guangdong
province was fired and detained for raping two girls in the
sixth grade multiple times while pretending to tutor them.

On May 15th, Anhui official bulletin revealed that Tianming
elementary school principle in Qianshan county had sexually assaulted nine girls for 12 years.
The youngest victim was only six. He is now held on
suspicion of “raping and child molestation.”

A Mainland Chinese grassroots educator reveals that cases of
teachers and principles raping and assaulting girls are common in Mainland China.
And the situation is getting even worse.

“Crime of Whoring with a Girl under the Age of 14” has been
the biggest controversy in legal circles in the last 20 years.
It is also the best shield for abusers of young girls, because
this charge carries sentences only up to 15 years.
Most officials who raped young girls were sentenced for
“indecent assault” and “Crime of Whoring with a Girl under the Age of 14”.

Political commentator Lan Shu: “The biggest reason behind
it is the whole society’s culture and morality is corrupted
after the CCP culture based on atheism came.
Another reason is that the CCP holds power over
the judicial process.
After politics were corrupted, its extreme power brought
extreme corruption.
This led to the whole of Chinese society’s morality
and culture corruption.”

Some commentators think that giving criminals lenient
sentences is a major reason leading to more sexual assault
cases on young girls nowadays.
For example, a Xinjiang educator sexually assaulted 10 girls,
and an official in Yongcheng county raped over 10 students.
Based on criminal law act 236, people who are sentenced to
“raping young children” should be sentenced life imprisonment or the death penalty.
However, those officials have just been temporarily detained.
The cases are not moving on.

Lan Shu: “The corruption is that through the judicial process,
the criminal is after all totally fine.
In most of the cases, the police, courts, and prosecutors
don’t do their jobs responsibly.
They would say that there’s not enough evidence or so.
And the cases end up with nothing definite.”

According to China Women’s Federation, there were 135
complaints of child sexual abuse in 1997.
There were over 3000 complaints in 2000.
The number increased 20 times in 3 years.

Jiangsu Southeast University Law Professor Zhang Zanning:
“It’s mainly an issue of the system.
The law in our country is fine.
The problem is the execution of the law.
Most of the times, crime of rape became indecent assault
in officials’ cases.
However, the ordinary people are not that lucky.
It shows the characteristics of the crony capitalist system.”

A 16-year-old boy and a 13-year-old girl
fell in love and lived together.
The boy was sentenced for the crime of rape
without any parent involved in the case.
When people questioned the sentence, Guangdong Supreme
Court answered that the girl was younger than 14.
No matter if she was willing or not to have sex,
the boy should be charged with the crime of rape.

Chinese netizens sighed and said “Sure enough,
Chinese law is different towards different people.”

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