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1st LD: China considers repealing crime of sex with underage prostitutes

Xinhua, August 24, 2015 Adjust font size:

China's top legislature has debated repealing the crime of sex with underage prostitutes and reclassifying it as rape, which would face a tougher punishment.

The National People's Congress (NPC) Standing Committee deliberated the draft amendment to the Criminal Law as its six-day bimonthly legislative session started on Monday.

Under the current law, people who have sex with prostitutes less than 14 years old face a maximum of 15 years in prison, while those convicted of raping a child may face death sentence.

Legal professionals have been questioning whether to scrap the crime of sex with underage prostitutes since it was written into the Criminal Law in 1997.

The legislature has carried out multiple investigations on the issue and consulted academics and specialists.

"There is no need to define such a crime. Having sex with minors should be considered rape, no matter who she is and what she does," said Jia Chunmei, a prosecutor from north China's Hebei Province and an NPC deputy, during a legislative session last August.

The conflicting provisions have helped offenders escape harsher punishment, as they have argued that the underage girl has consented and was paid, Jia said. Endi