Sexual relations with anyone under 14 are illegal; “she consented” is not a defense

18. Sexual relations with anyone under 14 are illegal; “she consented” is not a defense

Cost: No cost at all. If you’re unsure about the other person’s age, do not engage in any sexual activity.

In plain terms: Any sexual contact with a person under 14 is treated as rape, regardless of whether they consented. Such acts incur harsher penalties, with a baseline sentence of 3 to 10 years in prison. If the victim is under 12, it is automatically assumed that the perpetrator “should have known” their age. For victims aged 12 to 14, if the perpetrator can tell from their physical development, speech, behavior, or clothing that they are minors, and still proceeds, they are deemed to have “known” the victim was underage. The exception of “genuinely unaware of the victim’s age” is strictly limited in application.

Benefit: Sexual contact with anyone under 14 is classified as rape and punished more severely, with a standard sentence of 3 to 10 years. According to official judicial guidelines, any use of violence or coercion to commit such acts counts as rape, regardless of whether the perpetrator knew the victim was a minor. Without coercion, it is automatically assumed that perpetrators know the victim is under 12. For victims aged 12 to 14, if the perpetrator can tell from their physical traits, speech, behavior, or clothing that they are minors and still proceeds, they are deemed to have “known” the victim was underage. The exception of “genuinely unaware of the victim’s age” is strictly limited nationwide.

Evidence grade: A

Sources: National People's Congress (2020). Criminal Law (Amended under the Criminal Law Amendment (Eleven), Article 236). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>; Supreme People's Court of China (2015). Reply to "Whether sexual relations with girls under the age of fourteen must be known to constitute a crime". <https://www.court.gov.cn/hudong/xiangqing/13363.html>

Notes: At the time of writing, the original documents issued by the Supreme People’s Court and other judicial authorities regarding handling criminal cases involving sexual abuse of minors, as well as the 2003 official reply from the Supreme People’s Court, could not be accessed. Therefore, the criteria for determining “knowledge of the victim’s age” cited here are based on an official response posted on the Supreme People’s Court website. The legal texts use the term “minor girl.” This guideline applies to all perpetrators, regardless of gender.