Stop if the other person cannot consent because they are asleep or severely intoxicated, or may be under 14
Someone who is asleep or too intoxicated to understand and choose cannot give valid consent. Sexual intercourse in those circumstances can constitute rape under the applicable law, with a basic sentencing range of three to ten years in the cited Chinese provision. Do not proceed and later rely on proving consent. After a drinking event, help arrange a safe handover to the person’s trusted friends or family. See the age-related rules for children under 14.
What it takes
No money is needed. The requirement is to stop the encounter, even if that feels difficult in the moment.
What you may gain
Criminal Law Article 236 punishes rape of a woman by violence, coercion, or other means with three to ten years’ imprisonment. The legal understanding discussed in the original includes taking advantage of incapacity through unconsciousness or sleep within “other means.” Aggravating circumstances, including particularly serious conduct or multiple victims, can bring at least ten years, life imprisonment, or death. The same article treats intercourse with a girl under 14 as rape and requires heavier punishment; see chapter 9, entry 18.
Context & considerations
Grade B reflects that the quoted statute says “other means,” while the original did not obtain a current publicly accessible interpretation verifying the intoxication-and-sleep explanation word for word. The practical consent rule applies regardless of sex; men can also be victims, although the cited rape provision uses sex-specific wording. Becoming so intoxicated that you lose memory also leaves you vulnerable to harm, accusations, or extortion. If someone demands money through threats, see the next entry.
Research & references
National People’s Congress (1997). Criminal Law, Article 236. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml.