Sex Laws In China: Foreigners And Their Rights

Sex laws in China are strict, with the Chinese Communist Party (CCP) aiming to eradicate prostitution since taking power in 1949. Prostitution is illegal in mainland China, though it is practised openly. The CCP has vacillated in its treatment of prostitutes, sometimes treating them as criminals and sometimes as behaving with misconduct.

The age of consent in China is 14. Sex with a girl younger than 14 is considered rape, regardless of whether the victim consented. Sex with a minor under 14 years old may result in heavier punishment.

In recent years, there has been a push to raise the age of consent to 16. This is because juveniles may be physically mature at 14 but are not mentally mature enough for sex, owing to insufficient sex education.

China's justice departments have strengthened efforts to crack down on sexual assaults on juveniles in recent years. In 2013, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly released a notice, which noted that people with special responsibility to juveniles older than 14, such as their teachers, doctors or guardians, will be convicted of rape if they have sexual activity with them.

Prostitution in China

Prostitution was banned when the Chinese Communist Party (CCP) came to power in 1949. In the following decades, it was virtually non-existent. However, since the 1980s, prostitution has re-emerged as part of China's economic growth. It is linked to the gender imbalance caused by the one-child policy, which has resulted in higher numbers of men than women. It is also driven by gender inequality, which limits women's education and economic opportunities.

The Chinese government has responded to prostitution with police-led campaigns and social discipline. However, prostitution controls have been relaxed at a local level, and there is no impetus for legalisation at the central government level. Public opinion is also largely against legalisation.

Sex laws and offenders in China

History of Sex Laws in China

The Chinese Communist Party (CCP) has historically aimed to eradicate prostitution from mainland China. Since the 1980s, prostitution has become more visible and can now be found in both urban and rural areas. Despite government efforts, prostitution has developed into an industry involving a large number of people and producing a significant economic output.

Current Sex Laws in China

Prostitution is illegal in mainland China. The sale of sexual intercourse remains illegal, but as of 2013, erotic massage is legal in the city of Foshan in Guangdong province.

The minimum age of sexual consent in China is 14 years old. Under this law, having sex with a girl younger than 14 is considered rape, regardless of whether the victim consented. Indecent assault against a woman's will, or by force, may result in up to five years of imprisonment. If the offence happens in public, the sentence may be over five years.

Homosexuality was decriminalised in 1997 and is not encouraged by the authorities.

Sex Offenders in China

Sex offences such as rape, abduction, and incest are capital crimes punishable by law. Sex offences involving homicides and rape of a minor under the age of 10 entail an immediate death sentence in almost all cases. In gang rape cases, gang leaders always receive immediate death sentences, while other gang members receive delayed death sentences.

Recent Examples of Sex Offenders in China

• In 2014, a man was executed for keeping six women in a dungeon as sex slaves for periods of up to 21 months.
• In 2010, a university professor was jailed for three and a half years for organising a wife-swapping club and orgies.
• In 2012, a man suspected of molesting a young woman on the Shanghai metro was apprehended by police.
• In 2012, a former Chongqing official was removed from his post and investigated for graft after a sex tape of him and his then-18-year-old mistress surfaced online.

The age of consent in China

The age of consent is the age at which a young person can legally agree to sexual activity. In China, the age of consent laws apply to all forms of sexual activity, from kissing and fondling to sexual intercourse.

In 2020, lawmakers urged for the age of consent to be raised from 14 to 16. They argued that sex education is scarce in China, and many girls are not aware of how they should protect themselves at the age of 14. Furthermore, juveniles may be physically mature at 14 but are not mentally mature enough for sex due to insufficient sex education.

In 2023, two new documents on the sexual abuse of minors took effect in China. The first document is a joint interpretation by the nation's Supreme Court and Procuratorate, which offers more detail on specific aggravating factors in such cases and discusses the relation of these offences to other charges. The second document is a set of opinions released by the Supreme Court, Procuratorate, as well as the Ministry of Justice and Ministry of Public Security, which emphasise special procedures for protecting juveniles and rules for the collection of evidence in such cases.

Homosexuality in China

In China, same-sex sexual activity is legal, but same-sex couples are unable to marry or adopt, and they are not protected under anti-discrimination laws. While homosexuality has been documented in China since ancient times, it has also been the subject of historical discrimination.

History

Homosexuality and homoeroticism in China have been documented since ancient times, with references to same-sex relationships dating back to the Shang dynasty (c. 16th to 11th century BCE). During the Zhou dynasty (c. 1046–256 BCE), several stories of homosexual love emerged, including one involving Duke Xian of Jin, who planted a handsome young man in a rival's court to influence the other ruler. Homosexuality was widely referenced during this period through popular literature, with poet Qu Yuan expressing his love for the ruling monarch, King Huai of Chu, in several of his works.

During the Han dynasty (202 BCE - 220 CE), homosexuality was common and accepted, with Emperor Ai of Han engaging in same-sex sexual activity. In the Tang dynasty (618–907 CE), there were traditions of pederastic same-sex relationships, typically in Buddhist temples, and lesbian relationships commonly occurred in Buddhist nunneries.

In the Song dynasty (960–1279), the earliest law against homosexual prostitution in China was enacted, punishing young male prostitutes with 100 blows of heavy bamboo and a fine. In the Ming dynasty, the first statute specifically prohibiting same-sex sexual intercourse was enacted in 1546. Despite this, homosexuality was still commonly accepted and practiced, provided that men produced heirs and married women later on.

Current Situation

While homosexuality is legal in China, members of the LGBTQ+ community face legal and social challenges that are not experienced by non-LGBTQ+ residents. They are not protected under anti-discrimination laws and are unable to marry or adopt children. Since the late 2010s, authorities have avoided showing homosexual relationships on public television, and LGBTQ+ venues and events have been forced to shut down.

In 2021, a court in Jiangsu upheld a ruling that a description of homosexuality as a mental disorder in a 2013 edition of a university textbook was a result of "perceptual differences" rather than factual error. Despite this, the Chinese Society of Psychiatry continues to classify transgender identity as a disorder, and transgender individuals face significant discrimination from wider society.

Public Opinion

Recent surveys indicate a moderate level of acceptance for LGBTQ+ rights in specific areas. In 2023, China was ranked 45th out of 124 regions when respondents were asked if their city or area was a good place to live for gay and lesbian people. In the same year, China was ranked 21st out of 27 regions when asked about views on same-sex marriage or other legal recognition.

While homosexuality is legal in China, the LGBTQ+ community continues to face legal and social challenges, with limited acceptance and protection under the law. The situation has become more difficult in recent years, with increasing government pressure and a crackdown on advocacy groups.

Sex education in China

Demand for sex education is on the rise in China, in part because of shifting attitudes towards sex and a growing awareness of sexual assault and harassment. In 2020, a survey of 54,580 university students found that only half had received sex education in school, and less than 15% were satisfied with what they were taught.

In 2020, a revised law on protecting minors mandated "age-appropriate sex education", but it is unclear how the Chinese government plans to implement it. According to UNESCO guidelines, "comprehensive sexuality education" should cover topics including relationships, gender equality, reproduction, and sexual behaviour risks. However, the law only mentions sexual abuse prevention.

In the absence of a national sexuality education curriculum, many students have a poor understanding of consent, contraceptives, and sexually transmitted infections. There has been a surge in demand for private sex education classes in China, and a new law requires schools to teach "age-appropriate sex education".

Most public schools lack teachers capable of giving children sex lessons. Teachers need to go through "sex desensitisation" first, so they don't get awkward when talking about sex with their students.

Despite the challenges, there is some progress. As a sex educator, Chen Jing feels encouraged that the term "sex education" was written into law. Chinese education authorities had long used the euphemism "puberty education" or "health education" to refer to classes about sex.

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