It all started with the following news report from China News Net:
October 29, 2009 China News reported two police associates, being part of the law enforcement knowingly violated the law. They raped a woman while she was drunk and passed out in a hotel. Eventually they could not escape from the moral and legal punishment. Today Zhejiang Huzou Nanxun court came to a first instance verdict. Two defendants were sentenced to three years in prison.
Evening of June 10, 2009, two police associates, Qiu (邱) and Cai (蔡) brought Chen (陈) and Shen (沈) who just finished with their college entrance exam to dinner. During dinner, four of them drank a lot of alcohol. Chen had low tolerance, after dinner she was already passed out. In order to let her sober up, Cai drove his car and took everyone to a hotel. In the hotel room, two police associates took advantage of Chen being drunk and unconscious, unable to resist, forced sexual intercourse with her one after another. When Chen regained her consciousness, she found herself lying in bed in a hotel room, her lower body naked.
Nanxun court considered the crime facts, taking into accounts that the two temporarily committed crime, with no prior planning, also turned themselves in willingly afterwards, and was forgiven by the victim, therefore giving lighter sentences of three years in prison. The two defendants being part of the law enforcement knowingly violated the law, but eventually ate their own bitter fruit.
Then this forum post by netizen (辽河鱼) with the title “Temporary Rape, the birth of new vocabulary” (“临时性强奸”，又一新名词诞生了) appeared on Netease. It was soon copied and reposed onto every BBS possible. According to Netease this post already had over 870,000 views, and 6,700 comments.
Two police associates form Nanxun, Zhejiang province raped a woman while she was drunk and passed out in a hotel. Nanxun court considered the crime facts, taking into accounts that the two temporarily committed crime, with no prior planning, also turned themselves in willingly afterwards, and was forgiven by the victim, therefore giving lighter sentences of three years in prison. (China News Net)
These years, the word “temporary” is very popular, this “temporary” and that “temporary”, “blossomed and bear fruits” in very department. Its effect specially made the leaders satisfy, these organizations used it over and over again with delight, it’s as sweet as the fine wine, became a shield to evade responsibilities.
According the crime facts Nanxun Criminal court determined the two rapists “temporarily committed the crime”. I am confused, what does it mean? Searched all over the internet, I still could not find the term basis and the origin of “temporary committing a crime”. “Temporary” means actions that are not official and in short-term. Can rape be differentiated by “unofficial” and short-termed? This “temporary committing the crime” should be a new vocabulary, filling up the gap of our country’s judicial system creatively, indeed gratifying.
I do not understand. A crime can be temporary, permanent and long-term? In this case the victim was unconscious, those two took turns to rape her, why isn’t it rape? Is it because the victim forgave them? How did they get victim’s forgiveness? I for one believe “money sealed lips”. If this sentence becomes a new example, then the next time when “temporary crime” happens again, should we give lenient punishment again? If so we can extend this to the entire country, so that the vast criminals all can “temporarily committee the crime”.
First they got the girl drunk, and then took her to a hotel and raped her. This was obviously a premeditated crime. What is “real time”? It is “real time” having sex. A “temporary crime” can be punished lightly? Then which crime is not “temporary”? They all should get the lenient sentences?
The crime is considered “temporary crime”, then the three year prison term I think should be the “temporary sentence”.
Police associate, is helping the police to enforce the law maybe can be called “temporarily” assisting the law enforcement. But when committed a crime, how come it became “temporarily” breaking the law?
“… with no prior planning, also turned themselves in willingly afterwards …” They are really model rapists, proved themselves to have the background of police associates. Victim did not report and did not pursue the crime, and they willingly turned themselves in. This kind of rapist is truly hard to find in this world. I think we should not give them a sentence. Instead we should promote this kind of model behavior of surrendering themselves to the police, better yet give them some bonus cash for encouragement. Even if we give them a sentence, it should be three years with a 2 years of probation period, that why we can show our humanity in our verdicts.
I thought of that guy who was convicted for the crime of rape because he climbed a tree and peeked at a woman. Only if he was in the court of “temporary committing crime”, how could he have ever been guilty? Poor guy was born at the wrong place. It was not your fault.
Peeking at women is a crime, but two guys raping a woman was “temporarily committing the crime”. It is indeed awesome, hats off to the judge’s creativity.
I believe this “temporary committing crime” soon will become a popular internet term like “hide and seek”, “pushups”, “70 miles” etc. (all of these terms come from recent popular news [scandals, controversy] on the Chinese internet, I will find time to explain these in the future)
So according to this term “temporary”, next time there could be “temporary beating someone to death”, “temporary kicking someone to death”, “temporary ‘being suicide’ (another mocking term for covering murder with suicide)”, “temporary taking bribes”, “temporary drinking and driving”, “temporary robbery” and “temporary theft”, every crime can use “temporary” as an excuse to reduce the sentence. We can imagine a “temporary” era is coming.
Ok, everyone is busy. I am temporarily going to the restroom.
Soon after this first post, “temporary rape” became the hottest Internet phrase talked on every BBS and covered by all internet media.
Here is a list of website articles
China Press USA：http://chinapressusa.com/2009-11/02/content_257388.htm
Under the pressure of public opinions, especially on the fast spreading Chinese Internet, the Court had no choice but the respond. According to Netease, on November 3, 2009 “due to the widespread concerns of the citizens, Zhejiang Huzhou Intermediate People’s Court officially began to review ‘the Police Associates Rape Case’. The Municipal Intermediate People’s court will base on solid evidence, follow the principle of mistakes must be corrected, base on the facts and evidence seriously review the case accordingly, and to announce the results to the public at first instance.”