The crime of molesting girls is a very serious crime and will be severely punished by law. This kind of behavior will cause serious harm to the girl's body and mind, and will greatly affect her later life. This kind of criminal behavior is clearly pointed out by our country's laws to be severely punished, and women's psychological endurance is relatively weak, especially in the case of children's psychological development is not perfect, which will have an indelible shadow on their psychology, so such criminal behavior will be severely punished.
First, the judicial interpretation and legal provisions of the crime of molesting girls
The crime of molesting girls refers to the indecent act committed against girls under the age of 14 by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire.
Fixed-term imprisonment of not less than three years but not more than ten years, fixed-term imprisonment of not less than ten years, life imprisonment or death penalty.
Article 236 of the Criminal Law whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape.
Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman in public in a public place;
(four) gang rape of more than two people;
(5) Causing serious injury, death or other serious consequences to the victim.
Article 237 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Second, explain the provisions of the crime of compulsory indecency, the crime of insulting women and the crime of molesting children.
This article is a crime separate from the crime of hooliganism in article 1979 of the Criminal Law. Judging from years of judicial practice, the provisions of hooliganism are relatively principled and general, and they are arbitrary in practice. 1997 when revising the criminal law, the provisions of hooliganism were further concretized and decomposed into several different charges, and different provisions were made on the expression and sentencing of charges, which not only enhanced the pertinence and operability of relevant provisions, but also prevented the arbitrary expansion of discretion. The crime stipulated in this article belongs to one of them.
The first paragraph of this article is about the crime of compulsory indecency and insult to women and its punishment. According to this provision, the crime of compulsory indecency and insult to women refers to the act of compulsory indecency and insult to women by violence, coercion or other means against their will. The "violent" method mentioned here refers to the method that criminals directly hurt and beat the victimized women, endangering women's personal safety and personal freedom, and making women irresistible; The method of "coercion" refers to the method that criminals threaten and intimidate the victimized women, so that they are mentally coerced and forced to submit and dare not resist. For example, threatening to kill the victim or harm the victim's relatives, threatening to expose the victim's privacy, threatening by taking advantage of authority, education, affiliation and the isolated environment in which women live, and so on. "Other methods" means that criminals use methods other than violence and coercion, which makes the victimized women irresistible. For example, taking advantage of a woman's illness and sleeping to make obscene insults, getting a woman drunk, making obscene insults after anesthesia and so on. The definition of "compulsory indecency" here mainly refers to the indecency of women by undressing, touching and other indecency means against their will. "Insult" mainly refers to the behavior of secretly cutting women's braids and clothes, splashing corrosive substances and smearing dirt on women, deliberately exposing their genitals to women, chasing and blocking women and so on. In accordance with the provisions of this paragraph, whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
The second paragraph of this article is about how to punish those who gather people or commit the crime of compulsory indecency and insult to women in public places. Forcibly molesting and insulting women is a serious violation of women's personal rights such as personality and dignity, while the act of gathering people to fight or forcibly molesting and insulting women in public places has caused great harm and bad social impact to the victimized women and should be severely punished. Therefore, this paragraph stipulates that whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of more than five years.
The third paragraph of this article is about the crime of molesting children. The crime of molesting children refers to the act of molesting children under the age of fourteen. The "indecency" mentioned here mainly refers to the act of molesting children by touching, raping fingers, sodomy and other obscene means. Considering that children under the age of 14 lack cognitive ability, especially sexual awareness, in order to protect children's physical and mental health, the crime of child molestation does not need to be forced by violence, coercion or other means. As long as obscene acts are committed against children, it constitutes a crime stipulated in this paragraph. In the actual implementation of this paragraph, we should pay attention to distinguish between child molestation and general "intimate" behavior towards children. The act of molesting children is out of the actor's obscene desire, which often causes harm or bad influence on children's body or ideological understanding, and this act is generally not allowed by local customs. Whoever molests children shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention in accordance with the provisions of this paragraph; Whoever gathers people in public places to fight or molest children shall be sentenced to fixed-term imprisonment of not less than five years, and shall be given a heavier punishment within the scope of punishment.
In judicial practice, we should pay attention to the following two issues:
(1) We should pay attention to distinguish between this crime and non-crime, and distinguish the crime of compulsory indecency and insult to women from the general illegal act of indecency and insult to women. Only those who have "coercive" behavior can be treated as crimes.
(2) Distinguish this crime from the crime of insult. The crime of insult aims at defaming others, and it must be openly committed against specific people, and the objects of infringement are not limited to women and children; The crime of compulsory indecency and insult to women, the crime of child molestation is to satisfy the actor's desire for obscenity and indecency, and does not require public targeting at specific people. The objects of infringement are limited to women and children.
To sum up, the crime of molesting girls is clearly stipulated in China's criminal law, and its punishment is also a heavier punishment. The crime of molesting girls conforms to the legal provisions of heavier punishment, and our laws have made detailed provisions on the criminal acts of molesting children. Once a crime against children occurs, it is necessary to promptly report to the police, severely crack down on criminals, safeguard children's legitimate rights and interests, and protect their physical and mental health.