More must be done to protect the young
The landmark ruling in which two men were convicted of rape instead of underage prostitution on the mainland has attracted much public attention.
The landmark ruling in which two men were convicted of rape instead of underage prostitution on the mainland has attracted much public attention. There was little doubt that they were guilty of luring a 13-year-old girl into sex with money and gifts. But despite being charged with a more serious offence, the pair was jailed for five years, the same as they would have got under the minimum sentence for procuring an underage girl for prostitution.
The mixed reaction is to be expected. The case in Sichuan province is the first since the Supreme Court ruled that sexual offences involving minors and money should be charged as rape rather than the lesser offence. This followed an outcry against a series of high-profile cases in which the accused were only punished with light sentences.
Although the rape charge did not bring a harsher sentence, it still sent out the right message that the court is getting tough against child prostitution. Currently, rape carries a sentence ranging from three years in jail to death, depending on the level of violence used. The punishment for underage prostitution, on the other hand, ranges from five years to 15 years in prison. Critics lament that offenders may be better off with a rape charge as it starts with a less severe punishment. But given the maximum penalty is death, leniency cannot be guaranteed.
The administration of justice goes beyond due punishment. The offence of procuring a minor for prostitution has long been criticised by legal experts for its stigma effect. The underage are labelled as prostitutes because of their apparent consent, even though they are often sexual victims who do not fully comprehend the severity of their actions and consequences. The switch to a stronger legal tool signals better recognition and protection for the right of children.
Child protection and justice reform are not to be accomplished by a single court ruling. The number of abuses exposed by the media appears to be on the increase, with the figure hitting 503 last year. A lot more needs to be done.
