Expert: Why was Wang Zhenhua arrested for child molestation instead of rape?

category:Society
 Expert: Why was Wang Zhenhua arrested for child molestation instead of rape?


The latest progress has been made in the case of suspected child molestation by Wang Mou and Zhou Mou. After investigation by Shanghai public security organs, according to the existing evidence of suspects confession, victims statement and other witnesss testimony, Wang Mou and Zhou Mous acts are suspected of constituting child molestation crime. On July 8, the local public security organs submitted to the procuratorial organs for approval of arrest.

On July 10, the Peoples Procuratorate of Putuo District of Shanghai approved the arrest of Wang Mou and Zhou Mou on suspicion of child molestation. At present, the local public security organs are further investigating the case.

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Around the issue of public concern, our reporter interviewed legal experts.

[What is the crime of child molestation?

Ruan Qilin, Professor of Law, University of Political Science and Law of China: According to the provisions of Article 237 of the Criminal Law, the crime of indecency against children refers to the act of sexual assault on children to satisfy sexual stimulation, or called indecency. Basically, it can be divided into two aspects. On the one hand, it is subjectively motivated to satisfy sexual stimulation, or Speaking of inclination, then objectively he sexually assaulted children.

Those who commit the crime of molestation of children shall be sentenced to fixed-term imprisonment of not more than five years in accordance with the law and shall be severely punished. If the offender is convicted of committing a crime in public or in public places, or if there are other bad circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years.

[Why are they arrested for child molestation, not rape?

Ruan Qilin, Professor of Law, University of Political Science and Law of China: Both charges have the same nature of sexual assault. The difference is that rape is sexual assault through sexual intercourse, while indecent assault is sexual assault in a way other than sexual assault.

If he does not contact or insert his sexual organs, in this case, he invades his sexual organs with other things, such as this hand or other utensils. In this case, it does not belong to rape sexual intercourse, but to sexual assault outside rape, that is, indecent.

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[Why is the arrest for child molestation charged, does this mean that the suspect is only suspected of molestation?

Ruan Qilin, Professor of Law, China University of Political Science and Law: It can be said that this is because many people do not understand the judicial operation procedure. As a public security organ, he should file a case quickly. When many things are not clear, it is often more stable to file a case. First, the case is filed, and then to investigate.

As for the final conviction, if it conforms to the characteristics of the crime of rape, then the crime of rape will be convicted again. Even if it conforms to the characteristics of two crimes, it is not excluded that several crimes should be punished together. If further investigation finds out what other indecent acts he has committed before, it may be possible to make up for them, so this is entirely a technical problem.

Liu Jingkun, Professor of Law, China University of Political Science and Law: With the progress of litigation, if they go to the stage of examination, prosecution and trial, the case situation will change. For example, finding new criminal facts can be supplemented by prosecution by the procuratorial organs, which is without any legal obstacles.

[Why is it difficult to find out the crime of indecent rape quickly?

Liu Jingkun, Professor of Law, China University of Political Science and Law: Because it usually takes place in hidden space, it is difficult to investigate and collect evidence. Child molestation cases usually only take place in the presence of the offender and the victim, without other witnesses. The victim is young and does not know that he has been hurt and does not understand. It is difficult to obtain evidence because of the need to retain evidence, the lack of narrative ability and the disappearance of criminal traces in some cases.

Ruan Qilin, Professor of Law at China University of Political Science and Law: In terms of whether there are similar cases, because the victim is a minor or a child, he may go home without telling his parents, or he may not be clear with them, or the parents do not pay attention to it, so what will happen? As a result, such cases were not found, so that the criminals escaped punishment. In addition, parents know that they may tolerate it in the future, for fear of spoiling their childrens reputation. He is also embarrassed to say that such cases can not be disclosed in time.

Source: CCTV News Mobile Network Responsible Editor: Gu Yunting_NBJS8499