Underage offenders pose prosecution problem
By Zhang Yi/Liu Kun | China Daily | Updated: 2018-07-12 08:07
Evidence, but no charges
The suspect, who lives in the same community and was a classmate of the victim, was detained on the night of the alleged attack.
However, despite strong evidence, he was quickly released into the care of his family without charge because the Criminal Procedure Law states that only people age 14 and older can be held criminally responsible.
In her post on Weibo, the alleged victim's mother described the incident in detail and expressed frustration at the lack of a full investigation.
She posted pictures of cuts on her daughter's neck, chest and legs, and alleged the boy had stripped the girl naked and attempted to rape her.
She said her daughter had escaped her ordeal after two hours by jumping through a window onto the balcony while her attacker was distracted.
"The law protects underage offenders, but who will protect my daughter?" the mother wrote on Sina Weibo, adding that while her daughter's physical wounds have healed, she is still struggling with mental trauma.
Efforts to mediate between the families of the alleged victim and the suspect to arrange a financial settlement have failed, the police said later.
When contacted by China Daily, a police officer in Xiaogan who declined to be identified said the force is helping the girl to contact the local educational authority so she can transfer to a different school.
In recent years, police have noticed a growing trend of juveniles committing crimes-many of them violent-at increasingly young ages, the officer said, adding that many of those detained and later released went on to reoffend.
"Last year, only two children were sent to reform school in Hubei. Most of the time, they just go home with their parents. Many become repeat offenders. All we can do is increase the number of visits we pay to their homes," the officer said.