31Evidence B

Do not have sex if the other person is intoxicated, unconscious, or under 14 years old

The law mentions “by violence, coercion, or other means,” not just physical force. If someone is drunk or asleep, they cannot give valid consent; later on, you’ll have almost no way to prove they did agree. The minimum sentence here is 3 years up to 10 years in prison. The only safe move is to abstain from sex and, once the party ends, hand them back to their friends or family. The same rule applies to age — anyone under 14 is off-limits; see Section 9, Article 18 for exact criteria (under 14 years old).

Cost

There is no monetary cost. The price is having to stop the…

Benefit

Article 236 of the "Criminal Law": Whoever rapes a woman by violence, coercion, or other means shall be senten…

Cost

There is no monetary cost. The price is having to stop the encounter right then and there — the hard part is actually doing that on the spot.

Benefit

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. "Other means" is not limited to physical force; the inability to provide effective consent when the other party is unconscious or asleep falls under these four words. In cases where the circumstances of raping a woman are particularly egregious, or where multiple women are raped, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. The same article also stipulates that raping a female child under the age of fourteen shall be treated as rape and punished more severely; the identification of a female child can be found in Section 9, Article 18 (under 14 years of age). A legal dissemination article from the Xicheng District People's Procuratorate of Beijing states that "committing sexual assault after anesthetizing or intoxicating a woman also constitutes the crime of rape." The key lies in "whether it violated the true inner will of the victim"; whether the victim resisted at that time "is not the key factor." Article 237 of the 《Criminal Law》 governs forcible sexual molestation: whoever forcibly molests another person by use of violence, coercion, or other methods shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention (National)

Original sources

全国人大 (1997). 刑法(第二百三十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml;全国人大 (2020 年修正). 刑法(第二百三十七条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html(北京市公安交管局转载整合文本);北京市西城区人民检察院 (2018). 她们为什么不再沉默……. https://www.bjjc.gov.cn/c/xicheng/xjjsl/320654084.jhtml

Open source link
Book note

B is given because the legal provision only specifies the four words 'other means.' The phrase 'being intoxicated also counts as rape' comes from a legal education article by the Procuratorate, not from a judicial interpretation. The legal provision for the crime of rape only specifies women. If a man is violated in this manner, he is prosecuted under the crime of forcible indecent assault; therefore, it is impermissible to touch the other party regardless of whether they are male or female. As the victim, what to do first, see Section 13, Article 42 (after being sexually assaulted). When you drink to the point of blacking out, the risks of being accused and being extorted exist simultaneously; see Section 32 of this section (report to the police if the other party uses leverage to demand money).

My note