She Couldn’t Defend Herself, but He Wasn’t Charged With Rape

New York Times - WorldEN 4 min read 100% complete by Vivian WangJanuary 29, 2026 at 07:34 AM

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long article 4 min

In Heshun County, China, prosecutors declined to charge a man, surnamed Zhang, with rape after he had children with a woman, surnamed Bu, who has a mental illness. Although Bu was deemed unable to defend herself, prosecutors argued Zhang's long-term cohabitation and children with her distinguished the situation from rape. This decision sparked outrage, especially since two other men were charged with raping Bu based on her lack of "sexual self-defense capacity." Critics fear the decision reflects a willingness to overlook consent to promote childbearing amidst China's declining birth rate. The case highlights the lack of a clear definition of sexual consent and marital rape in Chinese law. Bu's situation came to light in 2024 after she went missing years prior and was found in the village.

Keywords

rape 100% consent 90% mental illness 80% china 70% birthrate 60% sexual assault 60% marital rape 50% sexual self-defense capacity 50% criminal law 50% prosecutors 40%

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