Recently, it was reported that a 13-year-old boy raped an 8-year-old girl in a park toilet in Yangshan County, Qingyuan, Guangdong, China. After the incident, the girl’s parents called the police. However, the police informed the girl’s parents on March 18 that because the boy involved was under 14 years old, he could not be held criminally responsible and would not file a case. Although the boy was suspended from school after the incident, he has now returned to school. School class. The girl’s family repeatedly appealed to multiple parties for help, but they were ignored.
According to the girl’s aunt, Ms. Chen, 8-year-old Chen Guo (pseudonym) is a local primary school student, and her parents run a small business in the town. After school on the afternoon of February 26 this year, when Chen Guo went to the park to play with her sister, she was left alone in the park because of a quarrel between her sisters. Later, she was sexually assaulted by a strange boy who was in the second grade of secondary school in the park toilet. After the incident, Chen Guo’s family members discovered blood stains on her private parts, so they called the police and took her to the hospital for examination.
The diagnosis results made by the Yangshan County Maternal and Child Health Hospital at 19:30 on February 26 showed that Chen Guo’s hymen was ruptured, “a small amount of blood was seen, and two black bruises were seen on the inner left thigh.”
The family learned that Chen Moumou, the boy who sexually assaulted Chen Guo, was born in May 2010 and was still a few months away from turning 14 years old. After the incident that day, he did not go home. Instead, he ran to a classmate’s home 5 or 6 kilometers away. He was found by the police that night. But was soon released.
According to the information provided by Ms. Chen, one of Chen’s teachers said that Chen was a “problem student” who smoked, drank, skipped classes, and engaged in bullying. She was “famous” in the school in Form One. After the incident, Chen Guo’s parents and Chen Moumou’s parents met once at the police station. The other party said that the family was in difficulty and had no money to compensate, and offered to settle with 20,000 yuan and asked for a letter of understanding. Chen Guo’s parents were very angry and refused. The other party’s settlement plan.
On March 18, the local police informed Chen Guo’s parents that since Chen was under 14 years old, they could not be held criminally responsible and would not file a case. And on March 18, when receiving signatures on the “Notice of Not Filing a Case,” the police asked Chen Guo’s family to write the date of signature as March 1, not that day. Afterwards, the family members felt it was inappropriate and objected, so they signed it again, with the date being written as March 18.
According to insiders, Chen Moumou was suspended from school after the incident, but now he has returned to school. The teacher has no right to prevent Chen Moumou from returning to school before being notified by his superiors. Parents have complained multiple times to no avail: we cannot treat it as if it didn’t happen
Chen Guo’s aunt said that after the incident, Chen Guo suffered huge psychological trauma and cried and made trouble. She had received psychological counseling before and has now returned to school. The family members believe that such a bad incident occurred, and the perpetrators should bear corresponding legal responsibilities. They cannot treat it as if it did not happen, and “there will be no results.” At present, the family members have complained to the local education bureau, 12345 (complaint hotline) and other departments to report the situation.
At present, although the local town government has intervened and is communicating with Chen Guo’s parents, there has been no response yet. Lawyer: The boy involved did not commit intentional homicide. The police will not file a case in accordance with the law.
The Criminal Law of the People’s Republic of China stipulates that a person who is over 12 years old but under 14 years old is guilty of intentional homicide or intentional injury, causing death or causing serious injury and severe disability by particularly cruel means. If the circumstances are serious, prosecution shall be approved by the Supreme People’s Procuratorate. , shall bear criminal responsibility. If a person is not subject to criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; when necessary, he shall be provided with special corrective education in accordance with the law.
Regarding this matter, Guangzhou lawyer Chen Liang believes that because the boy is under 14 years old and is suspected of sexual assault, and there is no intentional homicide or intentional injury causing death, the police’s decision not to file the case was also based on relevant legal provisions. This case involves a crime committed by a minor. According to Article 45 of the “Law of the People’s Republic of China on the Prevention of Juvenile Delinquency”, minors who commit acts stipulated in the criminal law and are not under the legal age of criminal responsibility shall not be subject to criminal punishment. , with the evaluation and consent of the Special Education Steering Committee, the education administrative department together with the public security organs may decide to provide special corrective education.
According to Article 41 of the “Law of the People’s Republic of China on the Prevention of Juvenile Delinquency”, for minors who have serious bad behavior, the public security organs may take the following corrective education measures according to the specific circumstances: admonish; order an apology, compensation Loss; ordered to repent; ordered to report activities regularly; ordered to abide by specific behavioral norms and not to perform specific behaviors, contact specific people, or enter specific places; ordered to receive psychological counseling and behavior modification; ordered to participate in social service activities; ordered to accept social views Social organizations and relevant institutions shall educate, supervise and control minors in appropriate places; and other appropriate corrective education measures. The perpetrator in this case is a minor and has no ability to compensate himself. The relevant liability for compensation should be borne by his guardian.