Sexual Harassment And Assault Laws In China
Legal Framework: Sexual Harassment and Assault in China
China has developed multiple laws to address sexual harassment, sexual assault, and related misconduct:
Criminal Law of the People’s Republic of China (PRC)
Article 236: Punishes rape, including gang rape.
Article 237: Punishes indecent assault without consent.
Article 236-2 (amended 2015): Defines aggravated rape and imposes harsher sentences for vulnerable victims, such as minors.
Civil Code (2021)
Article 1010: Recognizes sexual harassment as a violation of personal rights.
Allows victims to seek compensation for emotional distress and loss of income.
Employers are liable for failing to prevent or respond to harassment in the workplace.
Law on the Protection of Women’s Rights and Interests
Protects women from harassment, sexual violence, and workplace discrimination.
Provides a legal basis for administrative and civil remedies.
Regulations on Workplace Sexual Harassment
Employers are required to implement anti-harassment measures, complaint procedures, and disciplinary actions.
Role of Courts
Criminal courts handle assault and rape charges.
Civil courts address workplace harassment and compensation claims.
Key Judicial Cases
Case 1: Zhou Xiaoxuan v. CCTV (2021)
Facts: Zhou Xiaoxuan, a former intern at China Central Television (CCTV), accused a prominent TV host of sexual harassment during her internship.
Charges/Claims:
Civil claim for sexual harassment under the Civil Code and Women’s Rights Protection Law.
Judgment/Outcome:
The court acknowledged the harassment occurred but dismissed part of the claim due to insufficient evidence for criminal liability.
Zhou was awarded symbolic compensation for emotional distress.
Significance:
Landmark case as one of the first high-profile sexual harassment lawsuits in China.
Demonstrated the legal recognition of workplace sexual harassment and the challenges in evidence collection.
Case 2: Rape of Minor in Hunan Province (2018)
Facts: A 13-year-old girl was sexually assaulted by a neighbor over several months.
Charges:
Criminal Law Article 236: Rape of a minor.
Judgment/Outcome:
Defendant sentenced to 12 years in prison.
Civil compensation ordered for psychological trauma.
Significance:
Reinforced strict penalties for sexual assault of minors.
Highlighted the role of the court in victim protection and rehabilitation.
Case 3: Workplace Sexual Harassment in Beijing Tech Firm (2019)
Facts: Female employee filed a complaint against her manager who repeatedly made sexual advances. Company failed to take action.
Charges/Claims:
Civil claim under Civil Code Article 1010.
Employer liability for failing to prevent harassment.
Judgment/Outcome:
Court ordered the company to pay compensation for emotional distress and implement anti-harassment measures.
Manager faced administrative penalties but no criminal conviction due to lack of physical assault.
Significance:
Clarified employer liability for workplace harassment.
Encouraged companies to adopt anti-harassment policies.
Case 4: Sexual Assault on University Campus, Shanghai (2017)
Facts: Male student assaulted a female student in a dormitory. Case gained attention due to social media reporting.
Charges:
Criminal Law Articles 236 and 237 (rape and indecent assault).
Judgment/Outcome:
Convicted and sentenced to 8 years imprisonment.
University ordered to strengthen campus security and reporting mechanisms.
Significance:
Demonstrated the court’s approach to sexual assault in educational institutions.
Reinforced responsibilities of institutions in preventing harassment.
Case 5: Sexual Harassment of Employee by Government Official, Guangdong (2020)
Facts: Female employee accused a local government official of repeated sexual harassment during work meetings.
Charges/Claims:
Civil claim for sexual harassment under Civil Code and Women’s Rights Protection Law.
Judgment/Outcome:
Official required to issue public apology and pay monetary compensation.
Criminal investigation initiated, but ultimately no criminal conviction due to lack of evidence.
Significance:
Highlighted challenges of proving harassment in positions of power.
Reinforced the role of civil claims in addressing workplace harassment when criminal prosecution is difficult.
Case 6: Rape of a Woman by Taxi Driver in Chongqing (2016)
Facts: Victim attacked in a taxi; case involved eyewitnesses and CCTV footage.
Charges:
Criminal Law Article 236: Rape.
Aggravating circumstances due to victim’s vulnerability.
Judgment/Outcome:
Defendant sentenced to 14 years in prison.
Victim awarded compensation for medical expenses and emotional distress.
Significance:
Demonstrated effective use of forensic and technological evidence in sexual assault prosecution.
Strengthened deterrence against public space sexual assaults.
Key Observations
Civil remedies are increasingly recognized alongside criminal prosecution for harassment.
Evidence challenges: Many harassment cases fail criminal prosecution due to lack of proof.
Employer liability: Companies are legally responsible for preventing and addressing harassment.
Criminal penalties: Rape and physical sexual assault carry severe prison sentences, particularly for minors.
High-profile cases have increased public awareness and social accountability.
These six cases collectively show that China’s legal system now recognizes sexual harassment in civil law, enforces strict criminal penalties for assault, and holds institutions accountable for failing to protect victims.
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