Statutory provisions for the crime of rape


Criminal Law of the People's Republic of China

Article 236: Rape

Whoever rapes a woman by violence, coercion or any other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever rapes a girl under the age of 14 shall be regarded as rape and given a heavier punishment.

Whoever rapes a woman or rapes a girl under a minor shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:

(1) The circumstances of raping a woman or having sexual relations with girls under the age of 18 are egregious;

(2) raping a large number of women or girls under the age of 18;

(3) raping a woman in a public place;

(4) gang rape by two or more persons;

(5) causing serious injury or death to the victim or other serious consequences.


Article 241 (2) [Rape, Abduction and trafficking of Women]

Whoever buys an abducted woman and forcibly has sex with her shall be convicted and punished in accordance with the provisions of Article 236 of this Law.


Article 259 (2) [Adultery of a military Wife]

Whoever, by taking advantage of his power or affiliation, rapes the wife of an active serviceman by means of coercion shall be convicted and punished in accordance with the provisions of Article 236 of this Law.


Article 300 (3) "Using superstition to rape Women"

Whoever organizes or uses a religious cult, cult organization, or takes advantage of superstition to rape women or defraud property shall be convicted and punished in accordance with the provisions of Articles 236 and 266 of this Law respectively.