The case-handling team of Li Siyao (first from the right in the back row) cooperated with the public security organs to carry out investigation and evidence collection and psychological counseling for the victims. Photo courtesy of Haidian District People’s Procuratorate, Beijing
Beijing Haidian District People’s Procuratorate and Beijing Chaoyue Youth Social Work Office jointly launched a series of activities of "Rule of Law into Campus" to explain the knowledge of youth self-care for students. Photo courtesy of Beijing Chaoyue Youth Social Work Office
According to the statistics of the Supreme People’s Procuratorate, from 2020 to 2022, procuratorial organs at all levels in China prosecuted 7,761 people suspected of using telecommunication networks to infringe on minors, and prosecuted "obscene from a distance", "online contact, offline sexual assault" and other crimes, accounting for nearly one-sixth of sexual assault on minors.
On June 1st, the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Rape and Indecency of Minors (hereinafter referred to as the Interpretation) came into effect, which clarified the applicable standards for aggravating the punishment of rape and indecency of minors, stipulated the special indecency behaviors such as coercing and enticing minors to chat naked on the Internet, asking minors for nude photos and videos, and convicted and punished them for child molestation or compulsory indecency.
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"Parents blame their children for their mistakes."
"Why can’t you keep teaching?" "I told you not to play with your mobile phone all the time, but I just wouldn’t listen." "It’s all your fault that flies don’t bite seamless eggs" … … Liu Yajing, a 13-year-old girl who was the victim of the case of "molestation from a distance", timidly lowered her head and clutched her skirts with both hands, so she dared not come out in the rescue room of Chaoyue Youth Social Work Office in Beijing. "This is ‘ Indecency from a distance ’ In the typical state of the victim family, parents blame the fault on the child. " Haan Lee, a judicial social worker, said.
She first met Liu Yajing when she was questioned by the public security organs. Like many minors who were victims, Liu Yajing looked nervous. "Speak louder, and tell the police as soon as you know anything", and Liu Yajing became more timid and her voice became louder and louder.
During the follow-up rescue, Haan Lee learned that Liu Yajing was born in a Kochi family, the only daughter in the family, and her mother gave birth to her at the age of nearly 40. Before the incident, Liu Yajing used her mobile phone to make friends online many times. After being stopped by her parents, she still didn’t stop making friends online until she met the suspect.
In the second half of the year, Liu Yajing was repeatedly threatened by suspects. "He kept asking for videos from midnight to 2, 3 and 5 in the morning.". At least one day of naked chat every week is "bombed", which makes her miserable. Once, the ugly chat content was discovered by my mother, and my parents fried the pot, so I called the police and accepted the help of judicial social workers.
In the consciousness of Liu Yajing’s parents, they are very qualified parents and there is no problem. "This child must be educated", "Help me to educate her well" and "You should educate her more and scare her well" … … In the communication with Liu Yajing’s parents, they urged to "educate their daughters". Haan Lee believes that, in fact, in the families of such victims, it is the parents who should receive "education" more, followed by the correct guidance and relief of children’s inner panic.
After receiving three rescues, Liu Yajing’s parents refused to accept "education" any more, and Liu Yajing never appeared again. "It’s a pity," Haan Lee told the reporter of Zhongqing Daily and Zhongqing.com that she had repeatedly persuaded Liu Yajing’s parents to receive rescue services with their children for a long time and regularly to consolidate the effect, but Liu Yajing’s parents always shirked it for various reasons and then stopped showing up.
Li Siyao, the procurator of the Seventh Procuratorate of Haidian District People’s Procuratorate, was deeply saddened by a recent case of "obscene from a distance".
In July 2022, a short video platform found many abnormal accounts during a special inspection, which may involve using the network to infringe on minors, so it reported the case to Haidian Branch of Beijing Public Security Bureau. After investigation and verification, Haidian Branch arrested the suspect who was suspected of "molesting from a distance".
According to the suspect’s account, since the second half of 2019, he has tricked or coerced more than 40 minors to conduct online naked chat, make obscene actions, and provide nude videos.
"Three years, more than 40 people, such a huge victim group, but no one reported the case." Li Siyao was heartbroken. The case has now confirmed the identity of eight victims.
Not long ago, the Li Siyao case-handling team and the public security organs made a special trip to Taiyuan, Shanxi Province to confirm the victimization of a 10-year-old girl, but they were turned away. "Don’t call again, we don’t need to hold him (the suspect) responsible, and we don’t need your help." "Because of you, now the father of the child knows." In the face of the girl’s mother’s resistance, Li Siyao was helpless and deeply sorry.
Li Siyao said that at present, one of the biggest difficulties in handling the case of "molestation from a distance" is the parents’ uncooperative behavior and their incomprehension and blame for the children. In order to improve the willingness of minors and their guardians involved in the case to be rescued, Haidian District People’s Procuratorate signed an agreement with Beijing Chaoyue Youth Social Work Office, in which judicial social workers provided professional rescue services for rescued minors and guardians, and at the same time, promoted the establishment of a "one-stop" evidence collection and rescue mechanism. After listening to public security inquiries, prosecutors, psychological counselors and judicial social workers timely assessed the necessity of rescue, contacted juvenile victims and guardians in time, and established a trust relationship, thus improving the willingness to be rescued.
“‘ Indecency from a distance ’ The follow-up assistance to the victimized minors is a meticulous and long process. " Xiong Guibin, a professor in the Department of Social Work at China University of Political Science and Law, pointed out that during the rescue process, social workers should thoroughly and carefully evaluate the violations suffered by minors, the current risks and the impact on the future, and jointly choose intervention methods with the affected families. These methods may include: short-term plans should create conditions to make the victims feel more protected and safe, and jointly explore ways to eliminate or alleviate the current risks and future negative impacts; The medium-and long-term plan should guide parents to spend more time with their children and participate in daily interest activities, so that children can get more contact with real friends.
"Indecency from a distance" makes it easier for minors to fall into the predicament of self-blame and helplessness.
On June 1, the people’s court of Jinghu District, Wuhu City, Anhui Province applied the Interpretation to pronounce the first local case of "obscene from a distance".
On February 13th this year, Sang Yu, a girl under the age of 14, met Sun through online dating software, and Sun obtained Sang Yu’s age, photos and other information by playing "Truth or Dare". Sun induced Sang Yu to shoot and send several photos of private parts. The incident was learned by the girl’s parents and then called the police. On February 20th, Sun was arrested and brought to justice by the police.
Jinghu District People’s Procuratorate believes that Sun knows that Sang Yu is under 14 years old, but he still tricked him into filming private parts for him to watch, which seriously violated the personal dignity and mental health of underage victims, and should be investigated for criminal responsibility for child molestation. On June 1, the Jinghu District People’s Court sentenced the defendant Sun to one year’s imprisonment for child molestation. Sun said in court that he pleaded guilty.
In March this year, the Gezhouba People’s Court of Yichang City, Hubei Province sentenced a man to five years and five months in prison for child molestation. This case is the first case of "molestation from a distance" in Hubei Province this year.
"Do you have any wishes? Uncle will help you realize it. " A stranger’s message popped up suddenly, which attracted the attention of Meng Ling, a 12-year-old girl from Yichang, Hubei. Under the guidance of "uncle", Meng Ling sent out private photos and videos many times and received a small red envelope reward in more than five months. In order to let Meng Ling off guard, "Uncle" occasionally recorded "Magic" videos for her.
In October 2022, Meng Ling’s mother reported this situation to Xiling Police Station of Xiling Branch of Yichang Public Security Bureau, asking for help. After the suspect arrived at the case, the police found that there were many videos involving minors’ privacy in their mobile phones, and the content involved many minors.
Sun Jian politician, a judge of the comprehensive trial court of Gezhouba People’s Court, said that "molesting from a distance" is not a crime in itself, but a special form of molestation, which refers to the illegal and criminal acts of molesting minors by tricking them into sending "nude photos" and "nude videos" through the Internet. Although there is no physical contact, they should be convicted and punished for the crime of obscenity.
"Compared with the traditional physical contact child molestation," child molestation from a distance "has the characteristics of stronger concealment, wider range of infringement and deeper harm." According to Zhang Xiaobing, deputy director and associate researcher of the Children’s Research Institute of China Youth Research Center, although there is no physical contact, minors are more likely to fall into the predicament of self-reproach and no help, resulting in great harm to their personal dignity and physical and mental health.
“‘ Indecency from a distance ’ The families affected by the case are almost unwilling to accept the intervention of judicial social workers. " Li Siyao analysis, influenced by traditional ideas, "many parents of minors who are victims find it difficult to accept the fact that their children send nude photos to others, in order to ‘ Don’t lose face ’ Victims often choose not to call the police and let their children delete each other directly to avoid the problem. Although some cases have entered the judicial process, parents often attribute the fault to the children, and hope to calm the matter as soon as possible, and do not want the relevant personnel of the case to intervene in the children’s life for a long time. "
Li Siyao hopes that parents can realize that it is not their fault that their children are violated, but the criminal. Children need more understanding, care and companionship and professional help.
Keep an eye on website platforms, smart devices and apps with a large number of minor users.
In the special action of "Qinglang 2023 Summer Minors’ Network Environment Renovation" recently launched by the Central Network Information Office, "molestation from a distance" was taken as the key rectification content.
Xiong Guibin believes that the special action is of positive significance for purifying the content of network information and creating a healthy and safe network environment for minors. He suggested that we should pay close attention to the website platforms, smart devices and apps with a large number of minor users, intensify the crackdown, severely punish violations of laws and regulations involving minors, and clarify the legal red line of network infringement on minors through typical cases, which will form a powerful shock to potential risk personnel.
Zhang Xiaobing believes that the special action will help raise the public’s awareness of "obscene from a distance", a criminal act against minors. She suggested strengthening the supervision responsibility of Internet service providers and providing necessary technical support to protect children. At the same time, it is necessary to implement the mandatory reporting system more strictly. "Not only schools, hospitals and other units, organizations and their employees who are in close contact with minors, but also content auditors related to minors in Internet companies. If minors are found to have suffered or suspected to have suffered indecent harm, they should report to the public security organs and relevant departments."
Zhang Xiaobing pointed out that schools should pay attention to the education of personal information protection for minors, so that minors can know that their photos and other information are sensitive personal privacy information. In addition, parents should fulfill the responsibility of effective guardianship, strengthen communication with their children, know what their children mainly browse when using mobile phones, and improve the self-protection ability of minors.
(Minors in the text are all pseudonyms)
Zhongqingbao Zhongqingwang reporter Han Wei Source: China Youth Daily
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