Asia

Rape is defined as using force, armed threats, drugs, or other means to coerce sexual intercourse with a woman against her will (where such woman is not the offender’s spouse), and is subject to three to five years of imprisonment.  When the victim is between 15 to 18 years old, or is the offender’s dependent or patient, the offender is subject to 5-10 years of imprisonment.

Any person forcing another person into prostitution is subject to 5-10 years of imprisonment.  If the victim is under 18 years old, the offender is subject to 10-20 years of imprisonment.  Human trafficking is defined as the recruitment, moving, transfer or harboring of any person within or across national borders by means of deception, threats, use of force, debt bondage or other means, and using such person in forced labor, prostitution, pornography, or other unlawful acts, or removing body organs of such person, or for other unlawful purposes.

In September 2021, the State Council issued the Outline for Women’s Development in China. The Outline aims to protect women’s equal rights across eight key areas: health, education, employment, participation in management, social security, family support, environmental matters, and legal rights.

This is legislative outcome in Guangdong Province represents the local implementation of the national law. It encompasses six key aspects of protections: political rights, cultural and educational rights, labor and social security rights, property and interest, rights of the Person, and rights in marriage and family. Noticeably, this legislation addresses the employment discrimination against women in the private sector. Additionally, it also disqualifies discriminatory practices in rural communities against women.

The Gender Equality Promotion Ordinance is a “workaround” measure within Shenzhen Special Economic Zone. This means that the local workaround rule, like the Ordinance, takes precedence in situations where it conflicts with national legislation, administrative regulations, or provincial legislation within the jurisdiction of the Shenzhen. The Ordinance, attempting to create women-friendly communities in Shenzhen, is an innovative “workaround” in three ways.

In September 1980, the Standing Committee of the Fifth National People's Congress ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women. However, at the same time, it declared that China would not be bound by the Convention’s Article 29, paragraph 1 provision, which outlines the process for resolving the disputes between States Parties.

1980 年 9 月，第五届全国人民代表大会常务委员会批准了联合国《消除对妇女一切形式歧视公约》。但与此同时，它宣布中国不受《公约》第 29 条第 1 款规定的约束，该条款概述了解决缔约国之间争端的程序。

The Stalker Control Law prohibits acts of stalking, against a victim or the victim’s spouse, at the victim’s residence, place of employment or school.  In addition to broadly prohibiting stalking, the statute also includes lying in wait, demanding a meeting, violent acts, silent phone calls and sending dirty or explicit items, animal carcasses or sexually insulting materials. The Chief of Police may issue a warning, and the Public Safety Commission may issue a prohibition order, upon petition by the victim.

The defendant was convicted of murder and sentenced to death for stabbing his wife (Cui) and mother-in-law (Zhao) to death, which was upheld by the Supreme People’s Court. Cui had previously filed for divorce. On October 4, 2012, the defendant got into an argument with Zhao and Cui. The defendant chased Zhao out of the house and stabbed her to death. The defendant then caught up with Cui, who had run to a neighbor’s house for help, and stabbed her to death.

Population and Family Planning Law of the People’s Republic of China (2021)

On December 29th, 2001, China issued the Population and Family Planning Law (effective on September 1, 2002), as amended on December 27, 2015 and August 20, 2021 (the “Law”).

The criminal provision governing human trafficking, Article 240 (“trafficking in women or children”), defines it as abducting, kidnapping, buying, trafficking or transporting women for sale. The prescribed sentence ranges from 5-0 years.