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‘Temporary Rape’

GoFlyKiteNow

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Loyal
Chinese Court Coins New Term: ‘Temporary Rape’
Nov 15, 2009


A court in China coined a new legal term when punishing two policemen last month, saying they were guilty of the “temporary rape” of a high school graduate; they were given lenient sentences because of the pronouncement.

The two policemen took two high school graduates, who had just completed their college entrance exams, out to eat and drink on June 19. They all drank a lot, and one of the students, Ms. Chen became heavily drunk, as told in a China News Service article of Oct. 29. The policemen took her to a hotel under the pretext of “helping her to come to,” but then raped her while she was passed out.

The police later turned themselves in, and were put before a court. The Nanxun District Court of Huzhou County, Zhejiang Province, said in its verdict that the two police committed the crime of rape, but issued a light sentence of three years imprisonment, saying that they had “committed a temporary and on-the-spot crime, without premeditation,” according to Chinese state media.

Chinese bloggers and commentators were shocked and outraged at the judgement.
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SotongMee

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Loyal
Temporary rape ? Like temporary wife? This is a real insult to the victim.

If the same rape had happened to the judges' mother, spouse, sisters and daughters it would be certainly be rape punishable by death or at least castration.


Chinese Court Coins New Term: ‘Temporary Rape’
Nov 15, 2009


A court in China coined a new legal term when punishing two policemen last month, saying they were guilty of the “temporary rape” of a high school graduate; they were given lenient sentences because of the pronouncement.

The two policemen took two high school graduates, who had just completed their college entrance exams, out to eat and drink on June 19. They all drank a lot, and one of the students, Ms. Chen became heavily drunk, as told in a China News Service article of Oct. 29. The policemen took her to a hotel under the pretext of “helping her to come to,” but then raped her while she was passed out.

The police later turned themselves in, and were put before a court. The Nanxun District Court of Huzhou County, Zhejiang Province, said in its verdict that the two police committed the crime of rape, but issued a light sentence of three years imprisonment, saying that they had “committed a temporary and on-the-spot crime, without premeditation,” according to Chinese state media.

Chinese bloggers and commentators were shocked and outraged at the judgement.
.
 

po2wq

Alfrescian (Inf)
Asset
dat judge shud hv learn fr world crass, world bestest, world lumpar 1 sg ...

wat dat judge dunno, sg oredi noe ... sg can teach dat judge wat 2 say ...

dat judge shud hv juz simply say wat sg has been saying donkey ears ago ...

dose boyz hv made n honest mistake ... letz mov on ...
 

nkfnkfnkf

Alfrescian
Loyal
It is a news of wrongful and poor translation my friend.

It is meant to be Spontaneous or Circumstantial Crimes Without Premeditation, under criminal law, it is alike 2nd degree murder in nature.

The poor translation made no sense.
 

SotongMee

Alfrescian
Loyal
Mr Legality. Please explain how the hell can there be rape without premeditation. Thank you.

Can commit rape without intention to rape?

It is a news of wrongful and poor translation my friend.

It is meant to be Spontaneous or Circumstantial Crimes Without Premeditation, under criminal law, it is alike 2nd degree murder in nature.

The poor translation made no sense.
 

Lee Hsien Tau

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Loyal
The policemen took her to a hotel, heard the Lim Suay Suay song, their KKJ mari kita, and that's when it happened. It wasn't premeditated.


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TeeKee

Alfrescian
Loyal
Kangaroo Court involved in legal exchange with Panda Court?

This one sure kena top down screwing later on....once it reach the ears of the CCCP....
 

xiaoting06

New Member
only the victims will know how it feels to be raped. the so called court does nothing to help people. you really believe court is justice?
 

longbow

Alfrescian
Loyal
News article was from epochtimes which is not an independent news source. Kind of like posting BJP (Hindu religious right wing) backed news source for articles on Pakistan. Nevertheless:

1) News was reported nothing censored
2) People were outraged by the decsions and public officials will be held accountable
3) It was a light sentence but still, 3 years in jail

In many countries, police are above the law and police brutality and rape goes unpunished. While sentence was deemed light, incident was well reported and covered.


As mentioned above, I did a quick check and looks like the Chinese legal system is working well.
Read below
LATEST:

BEIJING, Nov. 9 (Xinhua) -- A court in east China's Zhejiang province will rehear a controversial trial that handed down what the public called a lenient sentence to two police civilian support officers who raped a high school girl.

"After reviewing the case, we consider the original verdict improper. We'll fix a date to reopen the trial," Monday's China Daily quoted a weekend statement by the Intermediate People's Court of Huzhou in Zhejiang as saying.

The two policemen, surnamed Qiu and Cai, received the minimum three years in jail for raping the teenage girl.




Chinese Court Coins New Term: ‘Temporary Rape’
Nov 15, 2009


A court in China coined a new legal term when punishing two policemen last month, saying they were guilty of the “temporary rape” of a high school graduate; they were given lenient sentences because of the pronouncement.

The two policemen took two high school graduates, who had just completed their college entrance exams, out to eat and drink on June 19. They all drank a lot, and one of the students, Ms. Chen became heavily drunk, as told in a China News Service article of Oct. 29. The policemen took her to a hotel under the pretext of “helping her to come to,” but then raped her while she was passed out.

The police later turned themselves in, and were put before a court. The Nanxun District Court of Huzhou County, Zhejiang Province, said in its verdict that the two police committed the crime of rape, but issued a light sentence of three years imprisonment, saying that they had “committed a temporary and on-the-spot crime, without premeditation,” according to Chinese state media.

Chinese bloggers and commentators were shocked and outraged at the judgement.
.
 
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GoFlyKiteNow

Alfrescian
Loyal
News article was from epochtimes which is not an independent news source.

As mentioned above, I did a quick check and looks like the Chinese legal system is working well.

Files Vanished, Young Chinese Lose the Future .
New York Times

WUBU, China — For much of his education, Xue Longlong was silently accompanied from grade to grade, school to school, by a sealed Manila envelope stamped top secret. Stuffed inside were grades, test results, evaluations by fellow students and teachers, his Communist Party application and — most important for his job prospects — proof of his 2006 college degree.

Everyone in China who has been to high school has such a file. The files are irreplaceable histories of achievement and failure, the starting point for potential employers, government officials and others judging an individual’s worth. Often keys to the future, they are locked tight in government, school or workplace cabinets to eliminate any chance they might vanish.

But two years ago, Mr. Xue’s file did vanish. So did the files of at least 10 others, all 2006 college graduates with exemplary records, all from poor families living near this gritty north-central town on the wide banks of the Yellow River.

With the Manila folders went their futures, they say.

Local officials said the files were lost when state workers moved them from the first to the second floor of a government building.

But the graduates say they believe officials stole the files and sold them to underachievers seeking new identities and better job prospects — a claim bolstered by a string of similar cases across China.

Today, Mr. Xue, who had hoped to work at a state-owned oil company, sells real estate door to door, a step up from past jobs passing out leaflets and serving drinks at an Internet cafe. Wang Yong, who aspired to be a teacher or a bank officer, works odd jobs. Wang Jindong, who had a shot at a job at a state chemical firm, is a construction day laborer, earning less than $10 a day.

“If you don’t have it, just forget it!” Wang Jindong, now 27, said of his file. “No matter how capable you are, they will not hire you. Their first reaction is that you are a crook.”

Perhaps no group here is more vilified and mistrusted than China’s local officials, who shoulder much of the blame for corruption within the Communist Party. The party constantly vows to rein them in; in October, President Hu Jintao said a clean party was “a matter of life and death.”

In Wubu, a struggling town of 80,000 banked by steep hills and coal mines, citizens say that local officials answer to no one, and that anyone who dares challenge them is punished.

“When the central government talks about the economy and development, it sounds so great,” said Mr. Wang, the day laborer. “But at the local level, corrupt officials make all their money off of local people.”

Student files are a proven moneymaker for corrupt state workers. Four years ago, teachers in Jilin Province were caught selling two students’ files for $2,500 and $3,600; the police suspected that they intended to sell a dozen more. In May, the former head of a township government in Hunan Province admitted that he had paid more than $7,000 to steal the identity of a classmate of his daughter, so his daughter could attend college using the classmate’s records.

While not quite as important as in Communist China’s early days, when it was a powerful tool of social control, the file, called a dangan, is an absolute requirement for state employment and a means to bolster a candidate’s chances for some private-sector jobs, labor experts say. Because documents are collected over several years and signed by many people, they are virtually impossible to replicate.

So in September 2007, when one Wubu graduate sought work at a local bank and discovered that his file was gone, word spread fast. For the next two years, his parents and a group of other parents in similar straits said, they sought help at every level of the bureaucracy.

The government’s answer, they said, was to reject any inquiry, place the graduates’ parents under police surveillance and repeatedly detain them. Last February, they said, five parents trying to petition the national government were locked in an unofficial jail in Beijing for nine days.

“We are so exhausted,” said one tearful mother, Song Heping. “Our nerves are about to snap from this torture. The officials who were responsible not only have not been punished, they have been promoted.”

Wubu officials did not respond to repeated inquiries. One Chinese television journalist said they told him they had resolved the matter simply by creating new folders. But families say the folders held nothing but brief, error-riddled résumés that employers reflexively reject as fake.

The parents are uniformly poor: one father drives a three-wheel taxi, earning just 15 cents per passenger.

Mr. Xue’s parents sacrificed even more than most, in the belief that education would lead their children out of poverty. They earn just $450 a year growing dates, and live near a dirt mountain path, drinking well water and cooking over a wood fire.

Mr Xue, the oldest child, wore secondhand clothes and skipped meals throughout high school. When he won admission to a university in Xian, 400 miles away, his parents borrowed to cover the $1,500 in annual expenses. Initially, it seemed the bet would pay off: he said he had had a chance to work at an oil company with a monthly salary of $735.

But the job evaporated with his dangan. “It was a catastrophe,” he said. Now he earns a base salary of $90 a month as a door-to-door salesman and lives in a tiny, dingy room in a Xian slum.

The woman he hoped to marry left him because her parents said he would never have a stable job. His mother suffered a nervous breakdown, and the family debt ballooned. his father, Xue Ruzhan, said he owed more than $10,000 — more than twice what his property is worth.

“What is the point of continuing to live?” the father said. “Sometimes I want to commit suicide. These corrupt officials destroyed all our hopes.”

Including, it seems, the hopes of Longlong’s younger sister, Xiaomei, an 11th grader who once thought she would follow him to a university degree.

No more. “I want to quit,” she said during a school lunch break. “My brother graduated from college. What good did it do him?”

Zhang Jing contributed research from Wubu, China, and Yang Xiyun from Beijing.
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longbow

Alfrescian
Loyal
What has to got to do with legal system? More of a case of local corruption. The side of the coin are those that buy fake degrees trying to scam the system.

Do not understand the point of your post. Just take a look at most of the 3rd world nations and you see children born without birth certs (some countries have high infant mortality), NO education (at least in this case the guy got his education) so no need to worry about family losing any papers. Corruption is also common in 3rd world nations - the Marcos, the Suhartos, Zain, Gandhis, etc

Furthermore his plight was probably picked up by internet which is how NYT could have know.
I am surprised that if he completed his college education, he could easily get his professors to vouch that he did attend class (I am sure he had his graduation pictures, classmates) and as such he much have passed whatever college entrance examination. His university must have his grades.

Anyway smells really fishy. Finally this is China where the state has tight control. So the person that bought the "paperwork" could easily be found and brought to justice.
 

longbow

Alfrescian
Loyal
Good article from NYT. Try and post articles from independent sources. Noticed your interest for articles on China. But you must realize that articles from epochtime and indian news sources are not independent (given that India feels that China is a potential threat - very understandable since the China control most of the rivers in India and the increasing economic, political and military might of its next door neighbor). Obama recently stated that China and the US are the 2 most powerful nations on earth.

What has to got to do with legal system? More of a case of local corruption. The flipside of the coin are those that buy fake degrees trying to scam the system.

Do not understand the point of your post. Just take a look at most of the 3rd world nations and you see children born without birth certs (some countries have high infant mortality), NO education (at least in this case the guy got his education) so no need to worry about family losing any papers. Corruption is also common in 3rd world nations - the Marcos, the Suhartos, Zain, Gandhis, etc. Last year they jailed the former mayor of shanghai for 18 years! Since you know China politics, the mayor of shanghai is a very powerful position. Former mayors of shanghai includes the former president and premier.

Furthermore his plight was probably picked up by internet which is how NYT could have know.
I am surprised that if he completed his college education, he could easily get his professors to vouch that he did attend class (I am sure he had his graduation pictures, classmates) and as such he much have passed whatever college entrance examination. His university must have his grades.

Anyway smells really fishy. Finally this is China where the state has tight control. So the person that bought the "paperwork" could easily be found and brought to justice.
 
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SamuelStalin

Alfrescian
Loyal
With the Manila folders went their futures, they say.

Local officials said the files were lost when state workers moved them from the first to the second floor of a government building.

But the graduates say they believe officials stole the files and sold them to underachievers seeking new identities and better job prospects — a claim bolstered by a string of similar cases across China.

Today, Mr. Xue, who had hoped to work at a state-owned oil company, sells real estate door to door, a step up from past jobs passing out leaflets and serving drinks at an Internet cafe. Wang Yong, who aspired to be a teacher or a bank officer, works odd jobs. Wang Jindong, who had a shot at a job at a state chemical firm, is a construction day laborer, earning less than $10 a day.


“If you don’t have it, just forget it!” Wang Jindong, now 27, said of his file. “No matter how capable you are, they will not hire you. Their first reaction is that you are a crook.”

HAHHAHAHAAHA things get lost so easily when they were moved JUST ONE FLOOR UP IN THE SAME BUILDING.

At least, when faced with adversity and life's injustices, the Chinese take it in stride, and some of them even work as a day construction laborer. What about you worthless and good-for-nothing Singaporeanese even when NO government minsters or officials have ever even attempted to sell your identities and your academic records?

You whine and sulk and bitch ALL DAY LONG on forums, that's what!!! :rolleyes::oIo:

 

GoFlyKiteNow

Alfrescian
Loyal
What has to got to do with legal system? More of a case of local corruption. The side of the coin are those that buy fake degrees trying to scam the system.

Do not understand the point of your post. Just take a look at most of the 3rd world nations and you see children born without birth certs (some countries have high infant mortality), NO education (at least in this case the guy got his education) so no need to worry about family losing any papers. Corruption is also common in 3rd world nations - the Marcos, the Suhartos, Zain, Gandhis, etc

Furthermore his plight was probably picked up by internet which is how NYT could have know.
I am surprised that if he completed his college education, he could easily get his professors to vouch that he did attend class (I am sure he had his graduation pictures, classmates) and as such he much have passed whatever college entrance examination. His university must have his grades.

Anyway smells really fishy. Finally this is China where the state has tight control. So the person that bought the "paperwork" could easily be found and brought to justice.

It has all to do with the legal system. It is subservient to the state and not independent. As both the instances posted..be it Epoch Times or NYT.
The intrinsic point is underlined. When it comes to the law, the state and its apparatus takes priority in the courts there in China. There are literally 1000s of such cases happening every month.

Obama did not make such statement exactly as you have posted. In fact Obama made a speech of accommodation in keeping as a host....as when he said that Iran is a major power and important nation. And so is Turkey, Japan, Israel, ..according to Obama.

About the rivers in India...being controlled from China. Are you kidding or you have got the facts all wrong.?

Anyway these are off topic matters wrf to this post, which is actually a news item. A true one in fact.

It was meant to highlight a glaring point of a judge calling a rape as a temporary one. Because two state policemen were involved and the power of the state is emphasized over law and justice by such judgments.

Anyway, to have a clear debate, devoid of distraction and irrelevance, it is always prudent to not go off topic or even deviate from the issue that is being highlighted. Stick to the central point. Thanks.
 
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