Mitigation Possible for Offenders Aged 75 and Older
Depending on Circumstances, Prison May Be Avoided
Many Chinese Netizens Call the Policy Unfair
In China, where the proportion of elderly people is increasing due to aging, a recent controversy has arisen over laws and practices that have exempted elderly sex offenders from serving prison sentences in detention centers.
Chinese-language media including Singapore's Lianhe Zaobao reported on the 11th that Zhou Mo, a 93-year-old farmer living in Xiaoyang County, Hunan Province, was found guilty of sexual assault by the local Intermediate People's Court last October and sentenced to 15 years in prison.
However, a month later, the Xiaoyang County detention center refused to incarcerate Zhou, citing that he was "unable to live independently," and recommended temporary release and supervision to the court. The court disclosed last month through an online announcement that such a recommendation had been received.
Chinese criminal law stipulates imprisonment of 3 to 10 years for those who rape women by violence, threats, or other means. Harsher penalties apply only in special circumstances such as sexual assault on children or cases involving injury. Zhou was convicted of raping a minor.
At the same time, Chinese law allows for mitigation in sentencing and imprisonment methods for elderly offenders aged 75 and above. Depending on the actual situation, they may not be sent to prison at all.
Local media quoted a representative from the Xiaoyang County Social Correction Management Bureau saying that if the court confirms social correction measures, Zhou will be released from the detention center and placed under regular supervision. During the social correction period, he can reside at his own home but is not allowed to leave the county.
When this fact became known, criticism surged on Chinese social networking services (SNS). One netizen commented, "So a 93-year-old can rape someone but cannot live independently?" Others expressed opinions such as "Isn't this encouraging elderly criminals to do as they please?" and "It's unfair to the young victims."
Another case that attracted the attention of Chinese netizens occurred last month. According to a report by the southern Guangdong media 'Nanfeng Chuang,' a 26-year-old woman, A, went to an interview at a textile company in Shanghai earlier this year and was sexually harassed and molested by the 73-year-old CEO, Zhou Mo. The police, upon receiving A's report, imposed a five-day detention on Zhou, but the detention was not enforced due to his old age.
A 70-year-old landlord in Jiangsu Province in the east, who molested a female tenant, also avoided detention on the 7th of last month. Both cases were based on the Public Security Administrative Punishment Law, which stipulates that detention is not enforced on elderly people aged 70 and above.
Nanfeng Chuang pointed out, "The Chinese correctional system is poor for elderly people to live in, which is why the judiciary is lenient toward elderly offenders."
Southern China Net explained, "The relevant criminal law was enacted in 2005," adding, "The reason for not enforcing administrative detention on people aged 70 and above stems from humanitarian considerations." However, since the average life expectancy in China has increased from 72.95 years in 2005 to 78.6 years in 2023, it emphasized the need to review the law.
Lianhe Zaobao expressed concern that with the deepening aging of China, an increase in elderly offenders is inevitable. It explained, "While it is not wrong for authorities to protect the human rights of elderly offenders when enforcing the law, it is also necessary to maintain the deterrent effect of the law and consider social sentiments." It added, "The recent controversy will test the authorities who must balance various considerations in the future."
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