Don't have sex with someone who is drunk to the point of being unaware, asleep, or who may be under 14
- High value
- Evidence B
- Keeps you free
- Free
- Takes minutes
- Some willpower
In plain words
A person who is drunk to the point of being unaware, or asleep, has no ability to consent, and sex with them is legally rape too, with a basic sentence of 3 to 10 years. Afterward you can hardly prove the other person agreed at the time. The only reliable way is not to have sex, and when a drinking party breaks up, hand the person over to their own friends or family. For how age is determined (under 14), see §9.18.
- Cost
-
Free. The price is stopping things at that moment. The hard part is stopping on the spot.
- What you get
-
Criminal Law (刑法) Article 236: whoever rapes a woman by violence, coercion or other means is sentenced to fixed-term imprisonment (有期徒刑) of not less than 3 years and not more than 10 years. "Other means" is not limited to physical force; a person who is not conscious or is asleep cannot validly consent, and that falls within those words. For rape in especially bad circumstances, or rape of multiple women, the sentence is fixed-term imprisonment of 10 years or more, life imprisonment or death. The same article also provides that having sex with a girl under the age of 14 is treated as rape and punished more heavily; for how the girl's age is determined, see §9.18 (under 14). A legal-education article from the People's Procuratorate of Xicheng District, Beijing (北京市西城区人民检察院) says that sexual assault committed after "drugging or getting a woman drunk likewise constitutes the crime of rape." The key is "whether it went against the victim's true wishes," and whether the victim resisted at the time "is not the key." Criminal Law Article 237 covers forcible indecent assault (强制猥亵): whoever forcibly commits indecent acts against another person by violence, coercion or other means is sentenced to fixed-term imprisonment of up to 5 years or criminal detention (拘役) (China)
- Notes
-
This is graded B because the statute says only the four characters for "other means." "Getting someone drunk also counts as rape" comes from a procuratorate's legal-education article, not from a judicial interpretation. The rape provision of the Criminal Law mentions only women. When a man is harmed in this way, it is prosecuted as forcible indecent assault, so the other person must not be touched whether male or female. If you are the one who was harmed, see §13.42 (after a sexual assault) for what to do first. When you yourself have drunk until you black out, two risks exist at the same time, being accused and being blackmailed; see §8.32 (call the police if the other side uses something against you to demand money).
- Evidence grade
- B : Supported by research but without a precise number, or based on small or single studies.
- Sources
-
- 全国人大 (1997). 刑法(第二百三十六条). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- 全国人大 (2020 年修正). 刑法(第二百三十七条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html(北京市公安交管局转载整合文本)
- 北京市西城区人民检察院 (2018). 她们为什么不再沉默……. https://www.bjjc.gov.cn/c/xicheng/xjjsl/320654084.jhtml
Translated from the Chinese original. Original book, section 8, tip 31. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer