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