Lawmakers want age of consent to be raised from 14 to 16

National legislators suggested amending the country's Criminal Law to lift the age for sexual consent from 14 to 16 to better crack down on those who take advantage of the current law.

The current age 14 is too young for a sexual consent and make the crack down on sexually abusing juveniles difficult seen from some cases in recent years, said the lawmakers during their ongoing annual gathering.

The Criminal Law stipulates that sexual abuse of girls younger than 14 is regarded as rape and a heavier punishment will be imposed.

Xu Juehui, a national lawmaker, said juveniles may be physically mature at age 14 but are far from being mentally mature enough for sex owing to the insufficiency in sex education, especially sex-related morality and self-respect, from family, school and the society.

"That causes some minors who already experienced physical sexual impulse but aren't mentally ready for sex become victims of sexual abuse but cannot obtain due protection from the law," said Xu, who is also general manager of the Shanghai Port International Cruise Terminal.

A case involving a woman's allegation that her "adopted" father, a former company executive in charge of legal affairs, had started sexually assaulting her in 2016 immediately after she turned 14 triggered nationwide attention in April. The man, born in 1972, worked previously as a lawyer and senior legal adviser at home and abroad denied the adoption and said the woman falsified the facts.

The woman in Shandong province said she had sought help and had been trying to get local police to take action since last year, but the case was withdrawn after it was first filed in April last year.

Xu said in this case, of which the investigation is still ongoing, the two sides have different opinions and evidences to support their opinions, which made the case fall into a cycle of being rejected, being filed, being withdrawn.

"In such cases, in which an adult man had sex with a girl who just turned 14 in the name of a love relationship or by playing tricks, very often these men are aware of the law and choose 14-year-olds intentionally, believing they are easy to control but their behaviors will dodge legal sanction," she said.

Zhu Lieyu, another national legislator and a lawyer, also said that 14-year-olds are too young to decide their sexual behaviors correctly seen from actual cases.

After discussions with experts in education and women and children's welfare and consulting practices in some other Asian countries, he also suggested to raise the age for an effective sexual consent to 16.

"Many of the girls involved in such cases are socially awkward, lack family love and care, and are in a rebellious phase in puberty," said Zhu, who is also director of the Guangdong Guoding Law Firm in Guangzhou city.

"Lifting of the age of sexual consent is to provide protection for juveniles, to remind adults of the duty alongside with their behaviors, and to respond to expectation of the public to better combat such crimes," he said.

Xu also cited that the age of an effective sexual consent in three-fourths of European countries is more than 14 and it is between 16 and 18 in all the 50 states in the United States.