In China, is ‘family’ becoming a legal shield for rape?

In late 2024, a woman named Bu, who had been missing for over a decade, was found in rural Shanxi province, China. Authorities investigated a man named Zhang for suspected rape, as Bu, who has a history of mental illness, had given birth to his children. Despite acknowledging that Zhang knew of Bu's mental illness, the local procuratorate decided not to prosecute him. They argued that Zhang's intent was to form a family with Bu, and that the two were in a stable cohabiting relationship after becoming familiar with each other. The decision to drop the investigation has raised concerns about whether Chinese law is using the concept of "family" to shield perpetrators of sexual assault.

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.