强奸案里的伦理与法律 – Ethics and Law in rape cases

去年,在晋陕豫交界处的一个县级市,法院院长发现了奇怪的现象:这家法院接连审理了4起强奸案,均是“约会强奸”,案情大致相同:青年男女经朋友介绍认识,迅速熟络,男方约请女方吃饭、唱歌,女方欣然受之,去旅馆开房亦不拒绝。但此后男方提出性要求,却遭女方推拒。欲火难捺的男方,不顾一切地将女方强奸了。事毕,女方向男方索要几千元不等的“借款”,男方却觉得“找小姐也没这么高的价”,拒绝给钱,女方就报警,将男方送上法庭。
其中两起案子的被害人为同一女子,时间相隔仅两三个月。法官曾怀疑此女给男子下套,敲诈勒索,但又缺乏证据。最终,法庭还是按强奸罪,给几名加害人分别判了刑。
一个县就有4起这样的案子,其他地方应该也有,这会是强奸案的新动向吗?院长把自己的推测告诉了朋友—在西安执业的律师张冬生,但当记者通过张律师提出采访要求时,院长谨慎地拒绝了。
“约会强奸”
西安市一名检察官说,近年来,西安成年男女因网上交友、开房演变成的强奸案越来越多。检察官困惑地问:“两个人网上交友,然后就去开房,既不是一夜情,也不是闪婚,这叫什么呢?”
2011年5月,西安某女青年与男朋友吵架后,赌气上网征友。一男大学生看到启事后,即与女方联络约会。两人在旅馆开房,一起待了4小时,其间,两人发生两次性关系,还共同洗澡,事发当晚,女青年与男友见面,男友看到其脖上抓痕,诘问之下,女子称自己遭遇强奸。男友带她到派出所报案,男大学生被警方抓获。
女子脖上的抓痕,被检方视为强奸案发生之主要证据。但被告人律师辩护称:那些抓痕并非暴力强奸的产物,而是两人刚到宾馆时,男方借口与女方“比个子”,将女方推倒在床,女方生气抓了男方脖子,男方也抓了女方一下。双方互挠后,女方嫌对方粗鲁,伤心落泪,男方还哄了她10分钟。此后,两人发生性关系,女方主动脱裤、变换姿势等情节,都证明了女方心甘情愿。
但在证词中,女方坚持说自己憎恶被强奸:她同意开房,没同意上床,与男方发生性关系是在其胁迫下进行的。但她事后为何不主动报案呢?女方说,当她走出旅馆,“穿戴整齐”,没有人会相信她被强奸,所以才未报案。法庭一审判决男方强奸罪名成立。
通奸与强奸,只有一步之遥。被告人的辩护律师张国安,曾当过16年派出所所长。谈起上世纪七八十年代强奸案与现在的区别,张国安说:“那时候没有网,没有约会开房这种事。那时候的强奸案,大部分是在荒郊野外,单身妇女走道,遇着陌生人强奸,那边报案了,这边抓住了,不像现在这么模棱两可,难以认定。”
金钱、人性与法律
陕西永嘉信律师事务所的程瑞敏律师给记者讲了这样一个案例:2010年,宝鸡一名不满14岁的女孩与家人吵架,离家出走,到邻县县城的KTV当服务员。上班第一天,有6名男子到KTV消费,其中两位是表兄弟,他俩看中了这位女孩,愿以每人300元的价格,共同包其过夜。女孩同意了,并随这表兄弟俩回家,但另外4名男子也尾随而至。当晚,6名男子都与女孩发生了性关系,平均每人2到3次。这群人多是未成年人,那位“表弟”刚满14岁。
为什么一个本来安排为买春的环境,轻易地转变为轮奸场所?因为两者有太多相似之处:有意识的预谋,谈妥的“价钱”,女孩的轻信轻从,便于发生性关系的地点,众多男人征服一个女人的欲望爆发等等。这些都不是一个未满14岁的女孩所能防备的。
天亮时,女孩要走,向两位表兄弟要钱,对方称“天还没全亮,天亮后送你回店”。女孩借上厕所的机会,逃到邻居家哭诉。邻居将女孩送回店里。后来女孩独自回家,向同学倾吐遭遇。同学赶快告诉了她的父母,报案擒获其中5名嫌犯。
在证词中,女孩不承认卖淫,而称自己是被强行拉上车的。天亮逃跑前,她向两名加害人索要600元,并非是谈好的嫖资,而是回家的路费。法庭采信了女孩的说法。本案一审后,除一名不满14岁的加害人得以轻判,余者皆被判处有期徒刑15年。
程瑞敏二审时担任那位“表弟”的辩护人。她认为,这名未满14岁的女孩,与6名男子发生性行为,每次她都采取古老原始的排精方法—去厕所排泄,这证明她以前有过性行为,性羞耻感比较弱。农户家的厕所在院子里,大门没上锁,她至少有10次机会逃离这个陷阱,她却没有,直到最后要钱不成时,才想到逃走,这说明其有主动卖淫的可能。她索要600元路费,却与双方事先谈好的价钱相吻合,实则就是嫖资。
程律师关于女孩“性羞耻感弱”的说法,遭到法官驳斥,认为其只是猜测,毫无根据。她对表兄弟俩“定为嫖宿幼女罪更合适”的意见,也未获法庭采纳,但“表弟”的刑期由15年减至8年,首犯“表兄”亦由15年改判为11年,余犯皆维持原判。
程瑞敏的同事李秀梅律师说:“强奸案的定义,是违背妇女意志,使用暴力手段,但这起案子,受害人报案不是在强奸刚发生后,而是在钱财谈判破裂,心理不平衡时才去计较。受害人不应该如此从容地权衡利弊。前一个案子是受害人没啥,但其男朋友觉得侵犯了他的占有欲,受了伤害才去报案的,这就更不可思议了。”
上文提到的张冬生律师,2010年办过一起“熟人强奸”案,案情如下:2008年3月2日晚,西安郊区3名农村青年,酒后强奸了本村一名农妇。这起强奸案证据充分,被害人不但遭到轮奸,还被加害人从土崖推下,摔伤了右脚脚趾。
第二天,农妇让小叔子找到加害人,索求治脚“医疗费”。3名加害人只愿出200元。失望的农妇报了案。警察先后抓获两名嫌犯,另外一名逃走了。两年后,这名嫌犯受不了东躲西藏之苦,找到张冬生咨询投案事宜。张律师答应陪其前去投案,但提醒他:“如果你投案后所说,与侦查机关最后查证的事实不一致,不会被认定自首。”
投案,拘留,审讯,起诉,嫌犯始终不承认自己强奸过农妇,但被害人证言、两名同伙供述、警察现场调查等,都足以认定他的犯罪事实。律师和家人多次劝其认罪,以期获得轻判,可嫌犯坚持说:“我没有强奸人,就是判我10年也不能承认!”他的固执成了法庭上的焦点,最后获刑10年。
为何嫌犯宁愿丧失“自首”轻判的机会,也不愿承认性侵农妇?张冬生反复分析,认为唯一的理由,是当事人觉得这件事太丢人现眼,承认它,将会一辈子在村里抬不起头。
案发时,这名强奸犯只有20出头,而农妇已42岁,相貌不佳。他们是在村口偶遇的。朦胧夜色中,农妇的性别特征,勾起3名醉男心中的邪念,这人性的短途冒险,带给3名酒鬼的只能是懊悔。要知道,强奸犯是连“犯罪界”都为之不齿的人,更何况他们强奸的对象是一年老农妇。
后来,在看守所谈话时,这位男青年跟张冬生说:“张律师,不骗你,我去歌厅找小姐,也会找漂亮的!”比起被害人,似乎加害者更嫌丢人。在农村这个熟人社会,犯下如此令人恶心的丑行,他如何面对自己的老婆孩子及一众乡亲呢?因此只能把真相死死地压抑在心里,咬紧牙关,“自我救赎”。
在被侵害后,农妇首先想到的是经济索赔。她的脚骨折了,她需要钱来看病。这使3名加害人认为用钱就能摆平此事。事实上,在农村,不少强奸案都是这样私下以金钱了结的,他们完全有机会把公共权力规避出局。3名加害人的错觉在于,既然能用钱解决的事,就可“讨价还价”,而忽略了法律的虎视在侧。
由于双方期望相差甚远,谈判破裂,农妇威胁要报警,3名加害人愤怒不安地逃走了。在法庭上,农妇提出20万元“精神损失”索赔,没有什么能证明她的精神损伤值或不值这个数额,但法律显然不支持这项索赔。法庭判令3名被告人共同赔偿原告人医疗费、交通费和误工费共计6370元,但实际上3名强奸犯一分未出。除了把他们送进监狱外,这位一瘸一拐的农妇一无所获,没人再有兴趣顾及她的感受了,人们都在为最后一名落网者的固执而兴叹。
“被害人学”
程瑞敏承办过的另一起强奸案,是2010年发生在西安的未遂性侵。一名16岁女孩与长她两岁的男友,保持了两年性关系,女孩流过一次产。但男友还有另外的性伙伴,他得了性病,传染给女孩。女孩花了很多钱治疗,在母亲干涉下与男友断绝关系。不甘心的男友,把女孩骗至其家,实施性侵未遂,在送女孩回家路上,男孩仍不断殴打女孩,有路人发现报警,男孩被抓,后被法庭以强奸未遂定罪,判刑一年半。
程律师曾与男孩交谈,问他为何要在女孩宣布断交后,仍对其实施性侵?男孩说:人家说夫妻吵架都是“床头吵架床尾和”,说明性行为是婚姻的润滑剂,我也想用这种方式挽留她。
两人此前发生性关系的场所多在男孩家中,其家长对此持默许及纵容态度。程律师说,一些中学生有男女朋友,有的甚至发生过性行为。许多学校对此既无法打压,又不知引导,只能放任自流。
“被害人学”是犯罪学的一个新兴研究领域。在许多犯罪案件中,加害人的犯罪行为深受被害人影响,而被害人对被害状态往往有一种无意识的顺应性。在强奸案中,加害人与被害人在强奸前、强奸过程中和强奸后都有一定的相互作用。只有充分考虑到这种相互作用,对犯罪原因的解释才是动态和全面的。
上述几起案子的加害人,都并非强奸惯犯,他们都有典型的下层社会特征,大部分是一群无所事事的年轻人。不管是被害人还是加害人,他们的思想和行为都深受当今变化着的伦理道德观、贞操观、金钱观的影响。
传统意义的强奸犯罪不涉及情爱,加害人一般都会憎恨女性,把被害人当作发泄欲望的工具,着意侵犯并污辱被害人的身体完整性和私密性,继而羞辱和贬低被害人。像本文“约会强奸”案例中双方互有咬乳、接吻等“激情行为”,在传统强奸案中是不可想象的。
强奸是一种扭曲的社会情境。当潜在的被害者和潜在的侵犯者被命运放进同一情境时,一个完整的过程便自然开始运转。当侵犯者的行为超出了正常交往范围时,男女双方习惯有不同的解读。作为性关系的发起者,许多男性难以清晰地界定强迫性行为与强奸之间的区别,因此不去理会女性的反抗,甚至视为一种挑逗和“半推半就”。当双方自愿的性行为转化为恶意可耻的暴力行为时,强奸出现了。
随着非法卖淫活动在中国社会的日益泛滥,有些男性得知女性的身体可以一定价格购买、消费后,不可避免地会得出这样的结论:可以买到的东西,也可以免费得到。在古时,强奸罪的概念,停留在罪犯对女子父亲或丈夫的财产权之侵犯上。今天,在性交可以货币交换的形式存在时,反抗强奸也会转化为女性对自我财产的维护,因此性的冲突在某种意义上会演变为金钱的冲突。
在冷静的法律面前,我们依然对受害者抱有极大的同情。目前法律对“贞操权”的损害赔偿仅限于精神损害赔偿,而刑事附带民事诉讼的赔偿是不包含精神损害赔偿的。因此,当强奸案发生后,站在法庭上的加害人是关注的焦点,被害人的权益却往往被忽视甚至遗忘了。

Last year in a town in Shanxi, a court director discovered a strange phenomenon: the court had tried four consecutive rape cases, all of which were “date rape” cases. The details of the cases were more or less identical: A young man and woman are introduced by friends. They quickly get to know each other. The man invites the woman out for dinner and singing. The woman joyfully accepts and doesn’t refuse going to a hotel and getting a room. But then the man brings up his demand for sex and is refused. Unable to control his passion and caring about nothing else, the man rapes the woman. Afterwards the woman asks to “borrow” a few thousand yuan, and the man thinks, “not even a prostitute is that expensive,” and refuses to give the money. The woman calls the police and the man goes to court.

Two of the cases, only two or three months apart involved the same woman. The judge suspected that the woman was setting the man up and blackmailing him, but there was a lack of evidence. In the end, the court charged the several perpetrators with rape and gave them varying sentences.

One town has four cases like this and other places probably do too… is it possible that this is the new face of rape cases? The court director gave his own explanation to a friend, a lawyer working in Xi’an named Zhang DongSheng (张冬生), but when the reporter tried to arrange an interview through Zhang, the court director cautiously refused.

“Date Rape”

“Date Rape”

An investigator in Xi’an said that in recent years, because men and women are meeting on the internet, instances of rape increasingly take place in hotel rooms. Puzzled, the investigator asks, “Two people become friends on the internet, and then they go and get a room. If it’s not a one night stand, and it’s not “lightning marriage”闪婚, then what do we call it?

In Xi’an, May 2011, after an argument with her boyfriend, one young woman feeling wronged and acting rashly, posted on the internet looking for a friend. After seeing the post, a male college student contacted her and arranged to meet. The two rented a room in a hotel and were together for four hours, during which time the two had sex twice and showered together. Later that night, the young woman met her boyfriend, who discovered scratches on her neck. After being questioned about the scratches, the woman claimed she was raped. The boyfriend took her to a police station to report the crime and the college student was arrested. The scratches were considered the primary evidence of rape by the investigators.

However, the defendant’s attorney had this to say in his defense,

“Those scratches aren’t really the product of violent rape. When the two got to the hotel, the man under the pretext of playful competition pushed the woman onto the bed. The woman got angry and scratched his neck, so the man scratched back. After the two parties scratched each other, the woman accused him of being a brute, then wept

woefully. The man then heckled her for ten minutes. After that, the two had sex. Initiating the removal of her pants, changing her position during sex, and other details prove that she was willing.”

In her testimony, however, the woman said that she was diabolically raped. She agreed to rent the room, but she didn’t agree to going to bed. She said she was coerced into having sex with the man, but afterwards, why didn’t she report the incident? The woman said that after leaving the hotel, her “clothing was neat and orderly,” no one would have believed that she had been raped, so she didn’t report it. In the trial, the court decided that the man was guilty of rape.

Adultery *1 and rape are only one step away from each other. The defense attorney, Zhang GuoAn (张国安), had spent sixteen years as the head of a police office. When talking about the differences between rape cases of the seventies and eighties, and those of today, Zhang had this to say, “At that time, there was no internet, no going on a date and getting a room, or these kind of things. Most of the rape cases then happened in the wilderness. A woman would be walking along by herself and would get raped by a stranger. One party reported the crime, the other party got caught. It wasn’t so ambiguous and hard to affirm as it is today.”

Money, Sex, and the Law

Lawyer Cheng RuiMin (程瑞敏) of the Shanxi law office, YongJiaXin (永嘉信), told the reporter of this case: A not-even 14-year-old girl in BaoJi (宝鸡) was arguing with her family and left home to be a waitress at a KTV in a neighboring town. The first day on the job, a group of six males came to patronize the KTV. Two of the males were the girls cousins and fancied the girl, so they offered her 300 yuan each to sleep with her. She agreed and went with the cousins to their house, but the four other males tagged along. That night, each male had sex with the girl two or three times. Most of the people in this group were minors. The “younger cousin” had just turned fourteen.

Why is it that an environment originally designated for the picking up of prostitutes could so easily turn into a venue for gang rape? It’s because the two places have so much in common: that patrons have in mind what they’re after, there are price negotiations, the naïveté of girls, convenient places to have sex and the lustful explosions of many men who can subjugate a woman. A girl of not-even fourteen years can’t guard against these things.

At dawn, the girl wanted to leave, so she asked the cousins for the money. They said, “It’s not even daybreak. We’ll take you back to the KTV after daybreak.” The girl used the opportunity of going to the bathroom as a pretext to escape to a neighbor’s house where she wept and told them what happened. Then the neighbor took the girl back to the KTV. The girl then returned home alone where she told her story to a classmate who told the girl’s parents who reported the crime leading to the arrest of five of the suspects.

In her testimony, the girl didn’t admit to prostitution, but claimed she was forced into the car. She claimed the 600 yuan she asked for before escaping at dawn wasn’t her prostitution fee, but was to be used to get home. The court was convinced of the girl’s explanation. After the first trial, except for the fourteen-year-old perpetrator who received a light sentence, the others were sentenced to fifteen years in prison.

During the second trial, Cheng RuiMin served as the defense for the two “cousins”. She thinks that this not-even fourteen-year-old girl has a weak sense of shame in regards to sex and has had sex in the past because after each time with the six males she employed an ancient douching technique in the bathroom. The bathroom of the house was in the yard and the gate wasn’t locked. She had at least ten opportunities to escape this trap, but nevertheless did not. Only after the money she asked for didn’t appear did she finally think about escaping. This explains the possibility of the girl initiating the selling of herself. The 600 yuan she asked for is the same amount that the two parties had agreed on before the incident, so it really is a prostitution fee.

Cheng RuiMin’s statement about the girl’s “weak sense of shame in regards to sex” was refuted by the judge who thought she could only be guessing without any basis. Her view of the two cousins as “more appropriately guilty of hiring an underage prostitute” was not accepted by the court, but the younger cousin’s sentence was reduced from 15 to 8 years in prison. The older cousin’s sentence went from 15 years to 10. The sentences of the others remained unchanged from the first trial.

Cheng RuiMin’s colleague, Li XiuMei (李秀梅) said, “The definition of rape is a woman’s will is violated by force, but in this case, the victim didn’t report the rape right after it happened. When negotiations fell through, she felt slighted and began haggling. The victim should not have weighed the pros and cons so leisurely. In the first case, the victim didn’t think anything of it, but her boyfriend felt like his own desires 占有欲 had been violated, saw himself as the victim, and so he reported the rape. This is just unbelievable.” *2

The lawyer Zhang DongSheng mentioned earlier handled an “Acquaintance Rape” case in 2010. The details of the case are as follows: On the evening of March 2, 2008, three young farmers in the outskirts of Xi’an consumed alcohol and then raped a peasant woman of the same village. The amount of evidence in this case was abundant. Not only was the victim gang raped, but was also pushed off of a dirt mound, injuring toes on her left foot. The next day the peasant woman had her brother-in-law find the assailants to get money from them to pay the medical bill to treat her foot. The three were only willing to pay 200 yuan. Disappointed, the peasant woman reported the case. The police arrested two of the suspects one after the other, but the third suspect fled.

After two years, the third suspect could no longer endure a life on the run so he sought Zhang DongSheng’s council for giving himself up. Zhang agreed to accompany the suspect in turning himself in, but reminded him, “If after you turn yourself in, the investigative body’s facts are different from what you say, you’ll be unable to affirm your surrender.” *3 All through turning himself in, being detained, tried, and prosecuted, the third suspect never admitted that he had raped the peasant woman. However, the facts of the victim’s testimony, the depositions of the two accomplices, and the crime scene investigation are all enough to affirm his guilt. His lawyer and family members all repeatedly advised him to admit his guilt in hopes of getting a lighter sentence, but the suspect maintained, “I didn’t rape anyone. I couldn’t be found guilty and sentenced to even ten years.” His obstinance became the focus of the the court. At last he was sentenced to ten years in prison. Why would the suspect rather forego a lighter sentence from turning himself in than admit that he had raped the peasant woman? Through repeated analysis, the lawyer Zhang DongSheng thinks the sole reason is that the defendant feels admitting this crime would cause him to completely “lose face” and he would have to hang his head in shame for the rest of his life in the village.

At the time of the incident, the rapists were only about 20 years old and the peasant woman was 42 and not especially beautiful. They ran into each other at the entrance of the village. In the hazy twilight, the peasant woman’s sex features elicited the evil intentions of the three drunken men. All that this short human adventure brought the three drunks was regret. You know, rapists are even despised in the “criminal world”, moreover, they chose to rape an old peasant woman.

Afterwards in detention awaiting imprisonment, this young man spoke with Zhang DongSheng, “Mr. Zhang, I’m not going to lie to you. I go to karaoke bars and get prostitutes, even pretty ones.” Compared to the victim, the rapist seemingly lost more face. In village society where everyone is acquainted, how can he commit such a disgusting disgrace, face himself, his wife and children or his fellow villagers? He can only firmly suppress the real truth deep in his heart, try to endure, and try to redeem himself. After being violated, the peasant woman’s first thought was to get monetary compensation. A bone in her foot was broken and she needed money to see to it. This allowed the rapists to believe that money alone was enough to resolve the matter. The fact is, in the villages, many rape cases are settled like this in private with cash. They have the opportunity to evade civic responsibility entirely. The misconception of the three rapists lies in the assumption that if money can be used to resolve the matter, then it can be “bargained down”, and then the long arm of the law can be disregarded. Because the hopes of both parties differed greatly, negotiations broke down, so the peasant woman threatened to report the crime, and the three men indignantly fled. In court, the peasant woman quoted 200,000 yuan as her desired amount for “psychological damage” compensation, but there was no way to prove her psychological suffering amounted to this figure. Regardless, the law clearly does not support this kind of compensation. The court ordered the three accused men to pay the accuser’s medical fees and transportation costs, and to compensate her for missed work, totaling 6,370 yuan (Roughly $1000 USD). However the three men didn’t actually pay a cent. Other than sending them to prison, this hobbled peasant woman got nothing out of this. No one is interested in attending to her feelings. People can only sigh at the stubbornness of the last person caught.

“Victim Study”

Cheng RuiMin handled an attempted rape case in 2010 in Xi’an. A sixteen year-old girl in a sexually active relationship with her eighteen year-old boyfriend had an abortion. *4 However, the boyfriend had another sexual partner who had given him an STD which he transmitted to the girl. The girl spent a lot of money on treatment, and through her parents’ intervention, broke up with the boy. The boyfriend was not willing to accept it and tricked the girl into going to his house, where he unsuccessfully attempted to have forced sex with her. Taking the girl back to her house, the boyfriend repeatedly beat her until being discovered by by-standers who called the police. The boy was arrested, convicted with attempted rape, and sentenced to one and a half years in prison.

Once in a conversation with the boy, Ms. Cheng asked why when the girl announced the breakup he still tried to force sex on her, he replied, “Everyone says, ‘fight at the head of the bed, peace at the foot of the bed,’ meaning sex is the lubricant of a marriage. I wanted to use this method to urge her to stay.” The place that the two normally engaged in sex was the boyfriend’s house where the boy’s father *5 maintained a lax attitude in regards to what was going on. Ms. Cheng says some middle school students have boyfriends or girlfriends and some are even having sex. Most schools have no way of suppressing this, and don’t know how to guide them. They can only let it slide.

“Victim study” is a new and developing area of research in criminology. In a lot of criminal cases, the victim suffers greatly from the crime and often subconsciously assumes a victim mentality. In rape cases, the rapist and the victim both have their own definite intentions before, during, and after the rape. Only in adequately considering these intentions can a dynamic and complete understanding of the reasons for the crime be reached.

The several rapists mentioned above really aren’t hardened criminals. They all have the characteristics of people in the bottom rung of society. For the most part they’re young people with nothing better to do. Whether it’s the victim or the perpetrator, their thought processes and behavior are greatly affected by today’s changing moral principles, perspectives on virginity, and perspectives on money. The traditional meaning of a rape doesn’t touch upon romantic love. The rapists commonly detest women and use the victim as a tool for venting their sexual desires. They go to great lengths to defile the woman, violate the integrity and privacy of her body, and then humiliate and belittle her. In the “date rape” cases mentioned in this article, the two parties bit each other’s nipples and kissed each other “passionately.” In traditional rape cases, this could not happen.

Rape is a distorted kind of situation in society. When a potential victim and a potential rapist are put in the same situation by fate, a complete process naturally begins to operate. When the actions of the rapist exceed the scope of normal intercourse, the two parties are likely to have differing interpretations. Acting as the initiator of the sexual act, many men have difficulty clearly differentiating between forceful behavior and rape, and thus don’t take into account the woman’s resistance, even viewing it is a kind of flirting or “yielding while pretending to be reluctant.” When what begins voluntarily between both parties becomes a reprehensibly violent sex act, rape has occurred.

Along with the continual inundation of illegal prostitution in Chinese society, some men have learned that a woman’s body can have a set price, and after buying it, they unavoidably arrive at this conclusion: something that can be bought can also be had for free. In olden times, the concept of rape was as a crime in which the property of a father or a husband had been infringed upon. These days with the existence of sexual intercourse that can be exchanged for money, a woman resisting rape is tantamount to protecting her personal property. Thus, in a certain sense, a sex conflict can evolve into a conflict over money. Faced with the cold and sober law, we still have a lot sympathy for the victims. Current laws regarding the compensation for the violation of “virginity rights” are limited to compensation for psychological damages, but supplementary civil action compensation does not include compensation for psychological damages. Thus, in rape cases, the rapist standing in the courtroom is the focus of everyone’s attention while the victims’s rights and interests are often overlooked or even forgotten.

Written by Shi Po (石破)

Translation by Kelly Kniha

Notes from the translator:

*1: According to my dictionary and then a search on a Chinese message board, 通奸 really does mean adultery as the word is understood in English, but in my opinion, the author fails to explain how “rape is one step away from adultery.”

*2: Here I think she’s referring to the case where the woman gets into an argument with her boyfriend and finds the college student on the internet.

*3: Meaning that he would still be arrested, but would not enjoy the lighter sentence that accompanies a suspect’s surrender.

*4: Original text is 流过一次产. I don’t know if that means she had an abortion or a miscarriage. My guess is it’s the former because of the mention of medical bills and it seems likely given the circumstances.

*5: Literally “head of household”. It also could have been his mother who maintained the lax attitude.

2 Comments

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shenguireply
February 19, 2013 at 2:10 am

Amy,

Do you have any more information about the author of this piece? I’m trying to track down enough to piece together a short biography – its a really interesting article as well – and failing utterly.. My searches are thus far largely returning results on a town called 石坡 rather than a writer.

julien.leyrereply
February 20, 2013 at 2:55 pm

Nope – no info about that person :-(. But if you do a search with their name and ’21ccom’, you can get at least a list of their articles on the website – should give a sense of who they are.

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