Stories

Gang Rape Ruled ‘Temporary Crime on a Whim’ By Judge

by on Friday, November 6, 2009 104 comments comments

man-taking-off-woman-underwear-high-heelsFrom Youth Times:

On October 29, the Nanxun Court in Huzhou City, Zhejiang province sentenced a rape case. Two defendants raped a girl who had just finished high school and were judged guilty, and each of the men received a three-year-prison term. The criminal charge was identified as a “temporary crime on a whim” (临时性的即意犯罪), so relatively light sentences were imposed.

But most people haven’t heard the phrase “temporary crime on a whim”, so this judgment attracted a huge controversy. Within a few days, the discussion on the matter was very hot at Tianya, NetEase and other forums. A netizen questioned that he had only heard of temporary worker and temporary plan, but not temporary, permanent or long-term rape. Some netizens suspected the court was cheating on this case in order to let the two defendants off easy.

Background of the Case:

On the evening of June 10, 2009, two men, Qiu and Cai who were employed as civilian police assistants in the city of Hangzhou, took out two girls, Chen and Shen, for dinner. All of them had a lot of alcohol. Chen is not a good drinker, so she was very intoxicated when the dinner was over.

In order to sober Chen up, Cai took everybody with his car to a hotel and rented a room. After they got into the room, Qiu and Cai sexually assaulted Chen while she was unconscious and unable to resist. When Chen woke up, she found herself lying naked in a bed in a hotel room.

The local court in Hangzhou, based on the facts of the case, decided that the the crime was temporary because there was no discussion before the crime was committed. Afterward, the defendants surrendered to the police and tried to make amends with the victim, so the court sentenced an appropriately mitigating punishment: the two defendants would get three years’ imprisonment.

Chinese netizens’ Comments－If the judge could mitigate the cruelty of “temporary rape,” then what about “temporary robbery and murder”?

The sentence was posted online, and it immediately led to a huge discussion among netizens.  Online commenters put forward their different opinions of the “temporary crime”.

“辽河鱼”:

“Temporary” is an informal, and short-term behavior. Does it mean that there is an “informal” crime of rape? Is there any difference between short-term rape and long-term rape? If this case is an exception and then the “temporary crimes on a whim” happen again, will the criminals be punished lightly?

wulonghe123:

Temporary crime on a whim? If crimes could be temporary, permanent, and long-term, may I ask the judges: Which rape is not temporary?

Rabbitrun:

Courts used the phrase to explain that the crime is not premeditated. “Temporary rape on a whim” is similar to the “passion murder”, and there is subjective difference with vicious and premeditated crime.

无锡网友:

I am also very concerned about this problem, these four people drank a lot, but still drove? It was not improvised. If I passed by a bank, and tried to steal money, is it also improvised?

广东网友:

About the term “temporary”, I’ve only heard about temporary workers and plans. I’ve never heard that the crime can be “temporary” and sentenced lightly. I think there is no rapist would be so stupid to admit that he was premeditated and planned to commit a crime, right?

Statements from Experts – There are different points of view.

“A temporary crime on a whim is the crime committed under the mental state of temporary willingness. Generally, there was no prior premeditation. Afterward, the defendants surrendered to the police actively, and got an understanding from the victim, so an appropriate mitigating punishment is possible.” Lawyer Li Hui from Zhejiang Hai Hao Law Firm explained that, simply, the defendants seeing a certain scene, suddenly conceived a crime.

Lawyer Li said that the “temporary crime on a whim” is an opposite concept to a premeditated crime. Premeditated crimes cause more damage to the society. Premeditated criminals would think of a good way out, meanwhile “temporary criminals” don’t. “Temporary crime on a whim” leads to smaller harm, so the crime can be judged lighter.

However, a judge from another court in Hangzhou has a different view. The judge, who requested anonymity, claimed in the interview that although there are premeditated crimes, not premeditated crimes, conspiracy, complicity and surrender in criminal law, there is no “temporary crime on a whim’ or “active surrender”. The “temporary crime on a whim” seems newly created.

The judge further questioned the most confusing thing: that when two criminals successively rape the victim, it is typically gang rape.

If the case were identified as gang rape, according to “The People’s Republic of China Criminal Law” clause 236, item 3, article 4  “where two or more people gang rape a girl,” they should be sentenced to more than a decade in prison, life imprisonment or death, which has a significant difference from their three-year term.

See also: “‘Rape on a Whim’? New Catchphrase Raises Ire” (China Real Time Report)

Temporary-Instant-Crime

Judgment: Temporary Crime

What do you think? Does the court’s punishment and explanation make sense? Is it because the men immediately surrendered themselves to the police after their crime?

  • whichone

    “Permanent crimes” must be those reserved for those without connections, or penniless to bribe the judges.

  • J

    I say let’s temporary crime on a whim ass rape that judge and see how many years he deals out.

    • FYIADragoon

      Commence Operation “Temporary Judgement on the Judge” aka BEAT THAT ASS.

    • Joe

      He’s a Chinese Male (aka homosexual), so you’d probably get promoted.

  • akbar lo

    hate to say it,
    but that chick had it coming to her for being such a slut.
    sentence was light, but the chick got what was round the corner.

    • Teacher in China

      I’ve always tried to be more restrained while posting, but akbar lo, fuck off and die. Just because the internet gives you anonymity doesn’t mean you should post any stupid fucking thing that comes to your sick twisted misogynistic mind. Grow the fuck up or stay the fuck off this message board.

      • akbar lo

        Oh, with your power of anonymity, you finally tell others to shut up and die? cool…

        yea, i dont know, but getting gang raped is quite a forseeable to the reasonable person from getting smashed with a bunch of older dudes.

        were the rapists in the wrong ? yes,
        but that is why criminals are criminals. you give criminals the opportunity, they will act upon it.
        please save the lib bullshit, about you having the right to get smashed with older dudes and not get raped – blah blah blah, thats why these dudes are called teh CRIMINALZ, we do not live in a world of magical ponies and hippos, so getting smashed with a bunch of older dudes will most likely get you raped.

        • FYIADragoon

          Ok, I’m going to try to redirect some of akbar’s argument here.

          Were the guys in the wrong? YES.

          But at the same time, were these girls acting in a manner that showed disdain for their personal safety (which would include their body OBVIOUSLY)? YES.

          These men should be tried and found guilty for this crime, that is clear. But the reason I feel this way, is because this judge has clearly obstructed the law. These men are lowly, and I despise them, but at the same I don’t feel some sort of great sorrow for the girls. They were stupid to do such a thing, and have ruined any chance of sympathy I would feel for them.

          In short, akbar is correct in noticing that these girls acted in a manner that was, if I may speak crassly, retarded. BUT, that does not mean they deserved this. It just means that they are undeserving of sympathy. But these men, have clearly done nothing to earn anything but disappointment at best, and disgust in my case.

          tl;dr of this would be: Guys should be convicted, but girls aren’t “helpless and innocent victims” either.

          • Vesper Lynd

            So, if a guy got drunk, decided not to drive home late, rented a hotel with people who he thought were his friends, and several people decided to stick something up his ass while he was sleeping…would you blame him for his whorish, irresponsible behaviour?

          • smartcommnet

            you mean down syndrome or mentaly challege people also can be rape, children also can be rape.

            or chinese people deserving being killed by japanese army ww2 because china have a weak army.

            All i know is bozos can comment here freely

        • smartcommnet

          your sure a Lo life

      • Master C

        Leave Akbar alone. One person’s misogynist is another person’s Casanova and symbol of a healthy male libido.

        What happened was very likely more natural than criminal though exacerbated by the inebriated and roused condition all parties were in.

        3 years jail just for 1 sexual act, is already very harsh and shows the judge’s sympathy for the lady, though a sincere apology (which they already offered) and some form of compensation from the men involved, commensurate with the lady’s virtuousness (i.e. if she sleeps around habitually, less compensation, if she is a virgin – a hell lot more – maybe based on the going rate for the same), would have been better.

        Also if the taxpayers have to bear the burden for every drunk sex case, and society the burden of 2 less workers for 3 years, the world would be bankrupt by now. Repeat cases by the same individuals could however be punished more severely as a deterrent.

  • Gaijin

    Post on a whim =)

  • Robinbeijng

    Booze and sex always go together, she should have known better as an adult, albeit a young adult. The two sneak bastards got what they deserved, no more and no less. In China and the west, many men get away with nothing in this kind of cases, most of the victims don’t report to police or just don’t care.

  • austin

    It kinds of sounds like “Temporary crime on a whim” is the Chinese legal equivalent to “Temporary insanity”?

  • Teacher in China

    The first thing that jumped out at me when I read this was the phrase “In order to sober Chen up, Cai took everybody with his car to a hotel and rented a room.”

    Now obviously we don’t have enough facts of the case, but taking girls to a hotel room because you want to “help them sober up” is really really suspect. I mean, they could have taken them home (but maybe the parents wouldn’t have appreciated the fact she was so drunk), a cafe or restaurant to get food / coffee / water / tea (but maybe it was too late, or they were so drunk that they would have been kicked out), or even just go walk around and get fresh air (but maybe they were too drunk to walk).

    Obviously there are reasons why they chose a hotel room, but one of the reasons could have definitely been a premeditated decision to engage in intercourse with this helpless girl.

    The other thing that gets me here is that maybe, possibly, the first guy to rape her could say it’s not premeditated, but what about the second guy? During the time she was being raped the first time, was he not thinking “it’s my turn next”? Is that not considered premeditation? Maybe he was passed out, awoke after the first guy was finished, then had his way?

    Anyway, it all seems a little suspect to me. The first “expert” comment did say that the guys “surrendered to the police actively, and got an understanding from the victim” (although I don’t understand what that last part means), but I’m not sure that act really means anything.

    • Canton Pop

      Maybe it was a case of “negligent” rape. They weren’t exercising due care, and their dicks accidentally fell into her. In succession.

      • akbar lo

        and this si where you fail,
        because negligence is not criminal.

        • Canton Pop

          and this si where you not know law

          there are crimes of negligence. si also strict liability crimes.

          • Akbar Lo

            this is where you fail.
            Negligence is perused in CIVIL courts.
            CRIMINAL Negligence is in CRIMINAL courts,

            yes there is a difference between “negligence” and “criminal negligence”.

          • Canton Pop

            You moron, you just admitted the existence of criminal negligence, and you say I fail?

            So, to summarize your argument:

            1. negligence is not criminal
            2. criminal negligence exists

            Great argument. YOU FAIL !!!

    • Rick in China

      You’re making way too many assumptions.

      The girl was so drunk she ‘passed out’, perhaps she was drunk enough to react and act enough that drunken sex ensued, and the guys did fuck her – but whose to say the circumstances of that situation? If everyone was so drunk and she just “woke up on the hotel bed naked”, it’s really quite difficult to say what happened, and whether she was, at the time, even if she wasn’t aware of it, asking for it.

      Who knows. It’s unfortunate in any case, and sad to hear of a young girl getting ‘fucked over’, but it’s not really easy for anyone else to judge the circumstance.

      • Marx

        Yeah, Rick, you’re absolutely right. Rape is really just unfortunate, but who are we to judge? Stupid bitch, right?

        • Rick in China

          You don’t know it’s even really rape. You don’t know shit about the situation. If it *really was* as you *presume* it was, I’d be first in line to crack skulls.

          I find it amusing you called me out on another thread, got fucking owned, and shut the fuck up there – then bring it back to me on this thread with a ridiculous line like this. You prove you’re useless. Ab-so-fucking-lutely irrelevant.

          Later, “Marx”, The Original.

          • Marx

            Irrelevant? Let me sum up your post: We don’t know anything about the situation, so let’s not pass judgment on these supposed rapists just yet.

            Who’s really irrelevant?

            Why don’t we wait until you provide some more forensic evidence that we can base our opinions on. Until then, you’re even more useless.

            Oh, and as the other thread goes, I find it amusing you clearly care so deeply as to the bullshit that gets said here. I hadn’t even checked to see how I “got fucking owned”. Get a life, man..

          • Rick in China

            Can you pleeeeease provide suggestions on how to get a life?? I’ll wait patiently…. like perhaps trolling a board and calling out someone who hasn’t posted in weeks with nothing else to add to your hallow words? You’re not only irrelevent, you’re a hypocrite.

          • Stimpy

            Um, didn’t they turn themselves in and admit to rape?

          • GDS

            Haha I don’t like Marx, but I have to agree, Rick, you’re a tool.. Sound like a little kid.

      • FYIADragoon

        You actually do bring up an interesting point. We are not aware of whether she consented or not when she was intoxicated. I love how all the “feminazis” and their whipped dogs are in here assuming that the guys are 100% responsible for the situation though. If she is clearly intoxicated, and you’re tipsy too, and both of you consent to the act at the time, why is it that the guy automatically recieves the blame? How can women be trusted at all, if the standards of honesty that they are held to are below that of men?

        • Vesper Lynd

          I see your point, but typically if more than one guy has sex with one very intoxicated girl, it does look rather suspicious.

        • Canton Pop

          If she was intoxicated, she lacked the capacity to consent.

          • FYIADragoon

            If he was intoxicated so did he. What now? Blame God？ Seriously…

          • Canton Pop

            Are you serious? He RAPED her. Do you really not understand what consensual sex it?

    • FYIADragoon

      Thanks for proving my point, Canton Pop. Apparently in your world, women don’t need to be held to honest standards.

      • Canton Pop

        I didn’t prove your fucking point, dumbass. She was unconscious. She was raped.

        Apparently in your world, you can do whatever the fuck you want to do to other people weaker than you.

      • Canton Pop

        Apparently in your world, rohypnol is an aphrodesiac.

  • highlander

    I suspect with this having made the news/internet that this will soon be a temporary judge.

  • Duchemin

    We are currently having a debate in France about castration of some rapists, chemical or even surgical, but it seems that this should be reserved for repeaters only. I don’t know if castration is an option for judges in China.
    Anyway, three years in prison seems to me a rather lenient sentence, and not likely to deter other potential rapists.

    • Markus

      1)
      ‘Anyway, three years in prison seems to me a rather lenient sentence, and not likely to deter other potential rapists.’

      I disagree about this. It does not matter whether the sentence is harsh or lenient, it will never deter such people. Do you really think, those two rapists where first considering which sentence they would get before ‘going to work’????

      I can’t imagine they were thinking “Well, for this rape we’ll be only sentenced for three years, well I don’t have any other plans for the next three years anyway, so let’s do it!”, I’d rather think they were either expecting not being caught, or, even more likely, they were to stupid or to drunk to think at all…

      2)
      In respect to the case as it is presented here (and this is the only base we are given as long nobody else will give some extra information) I think a light sentence is in fact appropriate and applying ‘gang rape’ law would be wrong:

      - from the facts given, they didn’t plan this act, they didn’t make any preparation
      - they neither used force nor any other means to subdue resistance (besides the fact that the victim was drunk, but she drank on her own will, so this doesn’t count)
      - they surrendered to the police themselves
      - they not only tried to make amends with the victim, but also got her understanding (which, as I understand it, means, they were tried on public legal interest and not on her vested legal interest?)

      Many such cases in more rural areas of China are simply settled on compensation payment.

      3)
      the text mentions another girl called Shen without telling what happened to her?!
      Did she leave her friend to those two men, because she trusted them? Or did she leave her to them, because she didn’t care what would happen to her? Or did she leave her to them, because she thought they would sexually assault her and she didn’t want to get in their way? Or was she assaulted as well? Or did she join in in raping Chen?

      • Master C

        Jail is a waste of taxpayer resources and burden on society. If the offenders are tough enough, it will just be a paid holiday with male bitches instead. But making offenders pay compensation to the victim (at a level that hurts i.e. 50% of earnings for 3 years AND 50% of assets) would be much better for the victim and remind them and other would be offenders that a lifetime’s worth of visits to the brothel would be much more worthwhile than going bankrupt. Becoming a beggar for 1 session of tail is a terrible deal.

  • Canton Pop

    Judges in China often have no legal education whatsoever. A lot of them are PLA retirees, political appointments.

    But what about the local procuratorate? What was their role in all of this?

  • zammo

    The victim should pay for her own justice. Prison rape would be a just reward for these 2 miscreants.

    Sometimes taking the law into one’s own hands is the answer.

    That said, i like the photo accompanying this article. Sweet.

  • http://moominhouse.blogspot.com moom

    It obviously means something like “not premeditated”.

  • http://www.hayleycox.com Hayley

    Three years is nothing for that – I wouldn’t normally agree with Zammo but if it happened to a member of my family then I guess I would feel different.

    • Duchemin

      Of course, you would be totally justified to be very angry if it happened to a member of your family, still I don’ believe that other criminals should be allowed to punish them.
      Better hard labor in a very strict disciplinary prison camp, televised at times so as to deter other potential rapists.
      As I have said before, we are now debating castration of rapists in France, but this would be rexerved for repeaters.

  • fabi

    wanna play around with unconcious girls? chinasmack personals >_>

    • Jimmy

      LMFAO! You win the thread.

  • baji

    Any sexual intercourse that not hadn’t been approved by woman, is rape. Drunk or not, drug or not, she didn’t gave approve. And, if she gave, she wasn’t conscious. Is three years small or not, I cannot judge, but they are officials, so their punishment should be bigger.

    • Akbar Lo

      no one said it wasn’t rape einstein.

      but no one gives any fuck about the girl in the story because shes simply a retard.

      no ones gonna sympathize with a retard who decided to wear 2 rolexes and 20 gold chains around his neck and patrol the bronx at 1am.

  • http://joyceyland.blogspot.com/ Joyce in HK

    >Judges in China often have no legal education whatsoever. > A lot of them are PLA retirees, political appointments.

    Sorry if this sounds like a dumb question… but don’t judges have to go to law school first?

    • bob

      Some judges in China have no formal education, especially the older judges, and in less developed areas.

      • C.Bratton

        Man, I want to be a judge in China now. I wonder who I have to pay?

        • whichone

          oh please, you think money will get you a post like that?

          this will blow your mind unstated rules for appointing officials

        • Hitman

          Ok, let me see…. first you need to pay off the chenguang loitering outside your house, next, pay off the local policeman, next his boss, and their bosses.. next, the provincial government, the central government, the communist party security guards, the admin staffs, the mid-level secretary, her boss, the high level secretary and her boss, and finally all other bosses….to be continued..

    • MLSH

      Actually a good friend of mine is a judge here. He went to school for a good, long time and is very educated. The other judges I know have also gone to study master’s degrees in law and served in the courts for a number of years before becoming judges.
      Seriously…

  • kimiik

    “In order to sober Chen up, Cai took everybody with his car to a hotel and rented a room.”

    There’s SO MUCH you can cover with “in a course of event” or “in order to sober somebody up”.

  • IG

    I think the sentence is not controversial at all, only the wording of the phrase. This is another case of people jumping on words that is badly stated and awkward in the situation but otherwise is not absurd. (like “doing pushups”) I mean if it’s phrased slightly differently, like “crime committed on temporary whim/lack of judgment” where temporary is modifying whim rather than crime, it would basically be saying the same thing and nobody can say much.

    It’s hard to say whether this is real rape or not. Immediately labeling this as rape biased everyone’s starting point. I mean they are all drunk. Drunk people do not think of consequences and act on their instincts, like having sex… Consent is hard to define in situation where people are acting on sub-par consciousness. Consent can be very ambiguous. So if the girl said “ok” in a drunken stupor, then there’s nothing wrong, and if the girl said “no” in the same mental condition, then it’s rape and everyone should die?

    I think 3 years is okay. I really don’t think 10 years and life imprisonment or even death sentences would be fair in this case.

  • ComeradeRed

    If Mao is still alive today, nothing like this wouldve happen. Ever since we embrace open market, it come into my attention that our morality is declining. It is a by-product of western imperialism. Our laws are good but no one follow them. We Chinese need to work harder to regain the glory that we once have.

    • Hitman

      Right, with all due respect, if he is alive today, you guys will still be queuing up for meat with food stamps..
      You think you can use the internet and write your post here??
      How come nobody follow the laws? Because the “Party” is making an example of it..

      • Hitman

        One more thing, please don’t blame the west for all the mistakes made by the chinese… instead learn from the mistakes of the west and improve on it..

    • file124528

      ComradeRed is a twat.

      CCP hacks (powerful) have been raping Chinese women (vulnerable) since before the revolution.

      ComradeRed needs to speak to his grandmother.

    • Joe

      Hopefully ComeradeRed will die soon.

    • Vesper Lynd

      This is a joke right?

      I’ve only read a few Chinese history books, but it seems that every time the political wind changed in China, there was a zillion rapes.

  • http://paint-pops.net Margaret

    For people who are saying the girl asked for it, no one asks to be raped. That’s why it’s called rape.

    • Joe

      But, you see… Margaret….. it’s not labelled as rape until the girl decides later on that it would be in her best interests if she did change the way she perceived it:

      “oh I did something I consented to at the time but kinda regret now, and now those guys think I’m a whore”

      to the far more beneficial and less embarassing:

      “it was a rape, yeh… and that means I can claim that I was against it from the start, yeh thats good…I save face and may also be able to claim some kind of sizeable ‘compensation’. Hmmm…”

      And don’t tell me that doesn’t happen.
      Especially in a country where people are SO INCAPABLE of admitting their mistakes.

      I think there should be a new law.

      After a girl engages in consenting sexual acts with a man, at any time after the act takes place, if the woman feels any kind of regret towards the event whatsoever, it should be mandatory for the MAN to SAVE HER FACE and hand himself over to the police as an insane rapist. Thus, she would never have to admit to her self that she did something she wishes she hadn’t.

      HOW

      VERY

      CHINESE!

      P.S. Fuck you Chinese people.

      • akbar lo

        I have to kinda agree with this guy on several points. Girl most likely did something she regret, then screams bloody rape. A couple cases like this recently happened in West Side Canada, but good thing the cops found the bitch to be a lying arse.

        • Canton Pop

          Girl was unconscious, dipshit. She didn’t “do” anything. What was done got done to her.

          Good luck with your pro-rapist views in Canada. You’ll be run out of the country soon enough.

          • Akbar Lo

            maybe you should read before going all lib,
            clearly the “girl” in my post is not the “girl” in this piece of news article.

            and how is discovering the truth “pro-rapist”?
            there are cases where a girl had consensual sex then regrets it then claims she got raped. There are a few cases RECENTLY in the newspaper.

            most “rape” cases are her word against his word FYI.

          • Canton Pop

            Mr. Pro-Rape, most rape cases go unreported, FYI

  • bossman

    Three years in Chinese prison is quite long time, I think so fair. Girls were drunken and should not drunk themselves with the men. But all Chinese men do try to trick the women to drink every time. This is what you maybe call the not temporary rape.

    • Duchemin

      I don’t know how hard living conditions are in Chinese prisons, so is 3 years severe enough, I can’t say.

  • file124528

    In a country where rape can be punished by execution undeniably the ‘judgement’ in this case is suspect.

    This case is a perfect reflection of ‘justice’ in the CCP’s China; “Qiu and Cai who were employed as civilian police assistants…” These characters are connected.

    Posters who have notions that the girl ‘deserved it’ or ‘got what should have been expected’ are assholes.

  • Beni

    Temporary my arse, i am sure the memory of this horrible event will not be temporary in the victim’s mind. Perhaps the judge should have handed down a “temporary death sentence”. Like executing the two perpetrators and leave them dead for a few months then rescind the sentence to make it temporary and hope the two men would stand up and go home as though nothing had happened. Full sympathy to the girl on this one!

  • perspectivehere

    “Temporary” is an idiotic way to translate “临时性” in this context.

    It is true that “临时” is often translated as meaning “temporary”, “provisional”, “interim”, like “临时工作” (temporary work).

    However, another translation is “at the moment something happens”, “ad hoc”, “spontaneous”, “impromptu”, “unpremediated”, “not-prepared-in-advance”, “on-the-spot”, “at-that-instant”. For example, in the expression “臨時抱佛腳” (linshi baofojiao – “grabbing the Buddha’s foot in supplication at the last minute”), the meaning of 臨時 is clearly not “temporary”, but rather “spontaneous” or “on-the-spot”.

    This is the meaning that the judges appear to have been searching for here, as the facts appear to show that the crime was committed when perpetrators and victim were intoxicated and there was no finding by the court that the crimes were deliberate and premeditated (which would generally justify a higher sentence as such acts are seen as more deserving of punishment).

    In this sense, the judges appear to have been seeking to arrive at a characterization of the crime that is analogous (though not the same) as the concept “crime of passion”. This is defined as:

    “a defendant’s excuse for committing a crime due to sudden anger or heartbreak, in order to eliminate the element of “premeditation.” This usually arises in murder or attempted murder cases, when a spouse or sweetheart finds his/her “beloved” having sexual intercourse with another and shoots or stabs one or both of the coupled pair. To make this claim the defendant must have acted immediately upon the rise of passion, without the time for contemplation or allowing for “a cooling of the blood.” It is sometimes called the “Law of Texas” since juries in that state are supposedly lenient to cuckolded lovers who wreak their own vengeance. The benefit of eliminating premeditation is to lessen the provable homicide to manslaughter with no death penalty and limited prison terms. An emotionally charged jury may even acquit the impassioned defendant.”

    http://legal-dictionary.thefreedictionary.com/crime+of+passion

    The point is to eliminate the element of “premeditation” which is generally seen as as deserving of greater punishment than a crime that is committed in the heat of a moment of passion.

    That being said, it is unwise for the Hangzhou court judges to create a new category of crime, especially as it appears to be a lower court which is supposed to simply apply the law as written. It may have been better to simply convict them with the crime of rape, but reduce the penalty with mitigating factors (the fact that the perpetrators showed remorse, they were intoxicated, there was a lack of premeditation, etc.)

    • Master C

      Acquittal is not good. What is better would be equitable compensation (at a varying level that would at least hurt the individual enough to remind him in the future) would be more useful to the victim than a jail term which burdens all parties, their employers and families and and society as well uses up prison resources and taxpayer monies overall.

      • Master C

        . . . at a varying level to be paid by the offender and based on the offender’s assets and earning capacity . . .

  • Josh

    Thank you, file. I’m really surprised that no one else decided to mention that they found it interesting that “Qiu and Cai were civilian police assistants” and didn’t connect the dots that maybe that had something to do with their sentences.

  • capt. LING DAN WANG BA

    Hmm, if you are really tight with the girl you would not take advantage of her like that. But obviously, these guys did take advantage of the girl and got busted so they should pay for it. I think it’s the guy’s responsibility.

    But then again, when girls & guys party together sometimes shit happens. But I’m saying it takes really asshole guys & horny to really do it.

    My 2 cent.

  • shw

    A rape is a rape…what is this temporary about…does it mean the “dick” used is temporary ?? If they (both the girl and the guys) did it because they are so high is a different matter. Don’t used such term as “Temporary crime on a whim”…It just goes to show how dumb some judges can be.

    Perhaps the judge should also explain how examples of other “temporary crime” can be committed.

  • fireworks

    Civil law is full of shit. The judge interprets the civil code anyway he likes it. Common law should be the norm. precedence and case laws from past cases. so no bollocking from judge about temporary rape. rape is sexual assault and should carry a hefty sentence. no excuses to the idiots who think they get can pissed and poke around.

  • too yellow

    bad translation

    “临时性的即意犯罪” i.e.temporary crime on a whim’s correct translation in legal terms is so call “crimes of passion” in the west, more common used and termed in the US as “Temporary insanity”. It is meant defendant did not commit the crime with premeditation and would not commit this crime under “normal” circumstances [enter character witness here].

    Whether or not this defense applies in this case or whether crimes of passion is valid defense is another story. But both are widely used as exemption all over the world. Just because translation is strange, may I say intended to mislead does not make it a unique Chinese injustice.

    As a side note, 3 year sentence is around what would they get over here in the US too. Considering
    1. the case does not involve a minor
    2. no using violence or the threat of violence and involuntary use of drugs to override consent
    3. the defendant turn themselves in. (this usually meant a plea bargain in the US.)

  • Professor Sillypants

    Since when do we argue about whether or not rape is wrong? Everyone debating this needs to jump off their slippery slope before they crash into full time acceptance of rape.

  • Link

    This is quite a joke.

    The fact is the girl was intoxicated with alcohol so the bastards can rape her without resist was an intentional and premeditated crime.

    What is this rubish temporary crime? If You have sex then ofcourse it would be temporary. Are there any man in this world has his little brother last more than 30min inside the girl? (if there is I would like to know how? lol)
    The fact is the bastard worked for police and as usual they are above the laws and can get away with whatever crime they committed.

    • Josh

      Use a condom, you can go as long as you like. Or at least until your hip flexors get tired.

    • too yellow

      In legal world, premeditated would involve planning (i.e. stalking), which isn’t the case here. It is however intentional, the temporary part is a miss translation of an legal jargon, it involves whether not that person would commit the crime under “normal” circumstances. see my previous post.

      • pduro

        Let these guys out so i can ‘temporarily’ rape them…wait…I can’t do that can I? it would be premeditated…
        what the heck, let the prison guys do it….

      • Canton Pop

        bullshit. The act of checking into a hotel room demonstrates their intent.

    • akbar lo

      yes, the girl was a innocent little girl who was forced to go out with the two men and forced to drink until she was unconscious.

      • Canton Pop

        You seem to have trouble understanding something: it is not ok to have your way with an unconscious girl.

        You have a serious problem if you think otherwise.

        • Akbar Lo

          ok,
          canton pop holds the winner for the ultimate stawman.

          • Canton Pop

            Akbar holds the winner for the ultimate date rapist who’s never had sex without the help of rohypnol.

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  • JTZ

    Can anyone commit a “gang rape” as “a temporary crime on a whim” or do you have to work for the police to qualify?

    Say what you like about injustice in the USA, at least criminals get convicted by 12 regular people.

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  • http://n/a Wesley Shangahi

    Why was that “sexy” picture used for this topic? There is nothing sexy about abuse and rape.
    Think ChinaSmack should use a different picture which suits the content.

  • wgh

    If sex isn’t consent it’s rape. Rape is just rape – one sentence!

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  • Ricxk

    So it should be ok for me, as a father, to, on a whim, find these guys and castrate them because the desire to do so will be temporary?

  • Mohair sam

    In Singapore this crime would result in more jail time than they are getting and on top of that several strokes of cane.

  • 穀歌ba

    Capital punishment is hard to justify, so is castration, but three years for a lifetime from which the memory cannot be erased.
    Justice is not easy.

  • Jaded Foreign Devil

    There is no justice in China. None.

  • Jin

    So they were all drunk? how is this rape? if the men were sober and took advantage of the girls or drug them before raping them then yes its rape.

    But they all went out freely and got drunk together and had sex? how do we know it was not consensual whilst drunk and then she sobered up and regretted her action so made the police report?

    If this girl did not want to be raped she shouldn’t have been drinking and getting drunk. As a adult you need to take responsibility for your own safety and action.

  • linette

    “temporary crime on a whim” (临时性的即意犯罪)……………………

    How can you be guilty of “temporary rape” crime?
    Can I be guilty of “temporary murder” crime?
    LOL…………Where they find judges like that?

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