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Does son face jail for sex with girl?

(China Daily)
Updated: 2011-05-25 07:52

I recently discovered that my 16-year-old son is having sex with his Chinese girlfriend, who is one year younger. We are from the United States. Is there a sexual age of consent in China and, if so, could my son potentially face legal charges if the girl's parents find out and complain?

This is a very serious criminal question. A grown man who has sex with a girl under 16 years old will definitely be accused of rape, because at that age the girl is considered as having a limited understanding of civil conduct. If the girl or her parents report the intercourse to police, a grown man will be prosecuted no matter whether she was a consenting sexual partner or not. However, Chinese law excludes young lovers from being prosecuted for under-age sex. If a boy has sexual intercourse with a girl of a similar age with whom he is in what could be considered a long-term relationship, he will not be charged with rape or any other offence. However, you should still ensure he is practicing safe sex.

My ex-girlfriend, who is Chinese, will not leave me alone. She keeps calling my cell phone, as well as keeps visiting my home and workplace. It's embarrassing and getting me in trouble with my boss. Can I get an injunction against her?

To be frank, China doesn't support injunctions because police have no right to restrict anyone's personal freedom without justified reason, such as a suspicion of drug use or prostitution. If someone feels his or her personal security is endangered, they can turn to their local police station for protection. If your ex-girlfriend breaks any of your belongings, say your cell phone or your laptop computer, she is automatically in violation of China's public security administration regulation. You can call police and she could be taken into custody for the offence of purposely damaging private property. However, you would need to protect the crime scene until police arrive for evidence. In all honesty, the law may not be the best way to solve your problem and you'd be better off trying to have a good talk with your troublesome ex-girlfriend.

Need advice from METRO's legal experts? E-mail your questions to metrobeijing@chinadaily.com.cn. Please give as many details about your situation as possible. Answers supplied by Zhao Jianping at Dajia Law Firm on 6551-1122.

(China Daily 05/25/2011)