China's sexual assault prevention and punishment mechanism for minors consists of relevant provisions in the minor protection law and judicial interpretations and policies.
These laws and regulations are as follows:
1. Minors Protection Law of China (2020) 未成年人保护法
2. Opinions on the Establishment of an Inquiry System for Faculty and Staff Information on Sexual Assault Offenses and Crimes (2020)关于建立教职员工准入查询性侵违法犯罪信息制度的意见
3. Opinions on Strengthening the Prosecution of Minors in the New Era (2020) 关于加强新时代未成年人检察工作的意见
4. Notice On Further Strengthening The Prevention Of Sexual Abuse Of Students In Primary And Secondary Schools (Kindergartens) (2018) 进一步加强中小学(幼儿园)预防性侵害学生工作的通知
5. Opinions on Comprehensively Strengthening State Judicial Assistance for Minors (2018) 关于全面加强未成年人国家司法救助工作的意见
6. Guidelines for Criminal Prosecution of Minors (for Trial Implementation) (2017) 未成年人刑事检察工作指引(试行)
7. Opinions on the Prevention of Sexual Abuse of Children and Adolescents (2013) 关于做好预防少年儿童遭受性侵工作的意见
The key points of this mechanism are as follows:
1.Protection on campus
Schools and kindergartens should establish a system for preventing sexual assault and harassment of minors, and report sexual assault and harassment of minors to the public security organs and education administrative departments.(See Minors Protection Law of China (2020) Article 40)
The Ministry of Education requires schools to teach students, especially female students, about self-protection, prevention of sexual assault, what sexual assault is, and how to seek help from others if they have been sexually assaulted. Schools are required to protect the privacy of students when dealing with incidents of sexual assault and to accommodate students' requests for referrals. (See Opinions on the Prevention of Sexual Abuse of Children and Adolescents (2013))
2.Restrictions on employment
The Ministry of Education prohibits schools from employing as teaching staff persons who have been sentenced to a term of imprisonment for an intentional crime.(See Notice On Further Strengthening The Prevention Of Sexual Abuse Of Students In Primary And Secondary Schools (Kindergartens) (2018))
The Chinese Government will establish an information inquiry system for violent crime offenders and provide free inquiry services to entities in close contact with minors. When recruiting staff, entities in close contact with minors should check their criminal records with the public security organs and procuratorates on this system.(Minors Protection Law of China (2020) Article 98)
With regard to sexual assault crimes, the Chinese Government will also establish a special inquiry system. Specifically, the Ministry of Education will establish a unified information inquiry platform, which will share information with the Ministry of Public Security. The platform will be made available to local education administrations, and schools will be able to apply to the local authorities for access to the platform when hiring teaching staff.
Translated with www.DeepL.com/Translator (free version)(See Opinions on the Establishment of an Inquiry System for Faculty and Staff Information on Sexual Assault Offenses and Crimes (2020))
3.Protection of the judicial system
China's criminal law provides for crimes of sexual abuse of minors, including rape, forced indecent assault and humiliation of women, indecent assault of children, organizing prostitution, forcing prostitution, inducing, accommodating or procuring prostitution, inducing young girls to engage in prostitution, and procuring young girls.(See Opinions on Punishing Sexual Crimes Against Minors According to Law (2013) Article 1)
When the courts, the procuratorate and the police are handling cases of sexual abuse of minors or violent injuries to minors, the questioning of minor victims or witnesses shall be simultaneously audio- and video-recorded and, as far as possible, be done in one session. If the minor victim or witness is a woman, such work shall be carried out by female staff.(See Minors Protection Law of China (2020) Article 112)
When investigating cases of sexual abuse of minors, police officers should refrain from driving police cars, wearing uniforms, or in other ways that may reveal the identity of the victim.(See Opinions on Punishing Sexual Crimes Against Minors According to Law (2013) Article 13)
If the presence of a minor victim or witness is required, the Court shall take measures not to expose the appearance or the real voice of the victim or witness.(See Opinions on Punishing Sexual Crimes Against Minors According to Law (2013) Article 18)
Female minor victims of sexual assault are generally provided with legal assistance by female lawyers.(See Guidelines for Criminal Prosecution of Minors (for Trial Implementation) Article 75)
If a female minor suffers sexual, custodial or other physical abuse, the procuratorate shall provide her with psychological reassurance and guidance; if she suffers psychological trauma or mental impairment, the procuratorate shall provide her with psychological treatment.(See Opinions on Comprehensively Strengthening State Judicial Assistance for Minors (2018) Article 5)
The Supreme People's Procuratorate will formulate norms or guiding opinions on the handling of cases involving sexual crimes against minors.(See Opinions on Strengthening the Prosecution of Minors in the New Era (2020) Article 26)
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