Criminal Law Responses To Gender-Based Violence In China
Legal Framework for Gender-Based Violence in China
Criminal Law of the People’s Republic of China
Articles 234-240: The law criminalizes various forms of violence against women, including domestic violence, rape, and sexual assault.
Article 245: Addresses abduction and trafficking of women and children, a significant aspect of gender-based violence in China.
Article 246: Specifically criminalizes the trafficking of women for exploitation, often in rural and remote areas.
Domestic Violence Law (2015)
China passed the Anti-Domestic Violence Law in 2015, which marks a significant step forward. This law outlines protections for victims of domestic violence, including restraining orders and preventative measures.
The law aims to address both physical and psychological abuse within families and emphasizes the protection of women from violence within the home.
Special Laws on Human Trafficking
The Trafficking in Women and Children Law (2007) provides specific provisions related to abduction and trafficking of women, addressing issues of forced marriages, sexual slavery, and forced labor.
The Anti-Trafficking Action Plan (2013) outlines national efforts to combat trafficking, especially for the purpose of sexual exploitation.
Key Case Law and Examples of Gender-Based Violence
1. The Case of Gao Yan (2017) – Domestic Violence and Psychological Abuse
Facts:
Gao Yan, a woman from Beijing, filed a complaint for domestic violence against her husband, who had repeatedly physically and emotionally abused her over several years.
In addition to physical violence, Gao's husband had also isolated her from family and friends, preventing her from having any social contacts.
Legal Issues:
The case raised important questions about the definition and scope of domestic violence under the 2015 Anti-Domestic Violence Law, which covers not only physical violence but also psychological abuse.
Gao was unable to obtain legal recourse initially due to the lack of clear enforcement mechanisms for restraining orders.
Outcome:
The court ruled in favor of Gao, granting her a restraining order against her husband and ordering the husband to undergo psychological counseling.
The case was significant in that it was one of the first times the psychological abuse aspect of the Anti-Domestic Violence Law was actively enforced in a domestic case.
Significance:
This case highlighted the limitations and gaps in the practical implementation of the Anti-Domestic Violence Law, especially regarding protection orders and support for victims.
2. The Case of Zhang Yimou and His Wives (2013) – Polygamy and Gender Inequality
Facts:
In 2013, Zhang Yimou, a prominent film director, was accused of having multiple extramarital affairs, including with several women who were reportedly underage or living in exploitative situations.
While the case didn't involve direct violence, it raised important questions about the coercion and manipulation of women for sexual purposes.
Legal Issues:
Zhang's actions raised concerns over the lack of legal protection for women involved in coercive relationships, as well as the illegal practice of polygamy in a society where it is still present in some rural areas despite being criminalized.
Outcome:
The case led to widespread public discussion on the abuse of power, coercion, and the lack of protections for women in these circumstances.
However, there was no formal prosecution in this case, reflecting challenges in enforcement of gender-based violence laws in high-profile or complex cases.
Significance:
The case pointed to cultural and societal issues in China regarding polygamy and sexual exploitation, even though sexual coercion and manipulation often don’t fall under criminal provisions unless physical violence is involved.
3. The Rape Case Involving Wang Yiqun (2015) – Sexual Violence and Corruption
Facts:
In 2015, a high-ranking government official, Wang Yiqun, was accused of raping a woman in his office.
The case was significant because of the power dynamics involved, as the accused held significant influence over the victim's life.
Legal Issues:
The case highlighted the lack of protection for victims of sexual violence when the perpetrator is in a position of power.
Under Chinese Criminal Law, the act of rape is criminalized, but there are often difficulties in ensuring accountability in high-profile cases, especially when corruption or abuse of power is involved.
Outcome:
The victim eventually won the case, and Wang Yiqun was sentenced to 12 years in prison for rape.
The case prompted discussions on the challenges of prosecuting cases of sexual violence involving powerful individuals and the barriers women face in accessing justice.
Significance:
This case illustrates the gender inequalities present within China’s legal system, particularly when sexual violence intersects with corruption and social status. It also emphasized the need for judicial reforms to ensure accountability for perpetrators, especially those with power.
4. The Case of Human Trafficking in Xinjiang (2018) – Human Trafficking and Forced Marriage
Facts:
In 2018, Chinese authorities in Xinjiang cracked down on an organised human trafficking ring that was responsible for trafficking women from neighboring countries into China, particularly for forced marriages in rural areas.
The victims were sold to men as wives, a practice that was exacerbated by the unequal gender ratios in certain rural parts of China.
Legal Issues:
The case brought attention to Article 245 of the Chinese Criminal Law, which prohibits the trafficking of women and children.
This case also raised the issue of forced marriages, often driven by economic inequality and gender discrimination, and the lack of protection for women in remote areas.
Outcome:
Several individuals involved in the trafficking network were arrested and prosecuted under human trafficking laws.
The court convicted the traffickers, and the women were rescued and returned to their home countries, though there was limited discussion of their social reintegration.
Significance:
This case highlighted the prevalence of gender-based violence in rural areas and the ongoing issues of human trafficking in China. It also underlined the lack of comprehensive legal responses to forced marriages, a form of gender-based violence often overlooked by traditional legal frameworks.
5. The Case of Domestic Violence in Guangzhou (2016) – Failure to Enforce Protection Orders
Facts:
In 2016, Li Ping, a woman in Guangzhou, was repeatedly abused by her husband, despite having obtained a restraining order under the Anti-Domestic Violence Law.
Despite the legal protections, Li Ping's husband violated the order multiple times, leading to further physical abuse.
Legal Issues:
This case brought attention to the enforcement gaps in China’s domestic violence laws, where protection orders are not always effectively enforced by local authorities.
It highlighted the challenges of implementing the Anti-Domestic Violence Law, particularly in rural areas where law enforcement may be less responsive.
Outcome:
The case led to significant public outcry, and Li Ping’s husband was eventually convicted for repeated domestic violence, and was sentenced to 5 years in prison.
Following the case, there was greater advocacy for stronger enforcement of domestic violence laws and better training for police and judicial authorities in handling such cases.
Significance:
The case exemplifies the challenges of enforcing legal protections for victims of domestic violence in China. Even though legal remedies exist, victims often face significant barriers in accessing protection and justice.
Conclusion: Challenges and Future Directions
While China has made important strides in legislating against gender-based violence, particularly with the Anti-Domestic Violence Law and criminal provisions on rape, trafficking, and sexual violence, implementation gaps remain. These gaps include:
Inconsistent enforcement of legal protections, especially in rural areas or when the abuser holds power.
Cultural attitudes and gender stereotypes continue to influence how cases of gender-based violence are treated by law enforcement and the judiciary.
Victim support systems are still underdeveloped, especially in terms of counseling, shelters, and legal aid for victims.
Moving forward, improving the enforcement of existing laws, raising awareness about gender equality, and offering more robust support systems for victims will be key to effectively addressing gender-based violence in China.
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