Do not have sexual contact with a child under 14; apparent agreement does not make it lawful
The cited Chinese provision treats intercourse with a girl under 14 as rape and requires heavier punishment, regardless of apparent agreement, with a basic statutory range of three to ten years before aggravating circumstances. The cited court explanation treats a child under 12 as someone whose age should have been known. For ages 12–13, indications from development, speech, behavior, or clothing can establish knowledge. Claims of genuine ignorance are scrutinized strictly.
What it takes
Nothing. If age is uncertain, do not proceed.
What you may gain
Criminal Law Article 236 provides rape liability and heavier punishment for intercourse with a girl below 14. The Supreme People’s Court explanation cited here says that where violence, coercion, or other compulsory means are used, rape does not depend on knowing that the victim was under 14. Without those means, age below 12 establishes that the offender should have known; at ages 12 to under 14, proceeding despite indications from physical development, speech, behavior, or dress that the person may be a child can establish knowledge. The exception for genuinely not knowing is applied strictly.
Context & considerations
The original could not access the joint guidance on sexual offenses against minors or the court’s 2003 reply, so it used the official 2015 website explanation for the knowledge standard. The cited provision uses the term “girl under 14”; the warning does not imply that abuse of other children is lawful or that an offender’s sex excuses the conduct.
Research & references
National People’s Congress (2020). Criminal Law consolidated through Amendment XI, Article 236. https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html; Supreme People’s Court (2015). Reply on whether knowledge of age is required for intercourse with a girl under 14 to constitute an offense. https://www.court.gov.cn/hudong/xiangqing/13363.html.