93yo Rapist Sentenced to 15 Years, But Exempted from Prison due to...
Recently, a public notice issued by the Shaoyang Intermediate People's Court in Hunan has sparked a wave of public attention and criticism. The notice revealed that Zhou, a 93-year-old man, was sentenced to 15 years in prison for committing rape. However, in a controversial twist, his incarceration was refused due to his inability to care for himself. Instead, the court has decided to allow him to serve his sentence outside of prison.
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The Crime and Conviction
Zhou, born in 1931, was convicted for a rape that occurred in 2022, when he was already 91 years old. The victim was a minor. According to China's Criminal Law, rape committed against a woman or a girl under the age of 14 is considered particularly severe. Zhou's crime falls under the aggravated category of sexual assault, which leads to harsher punishment, including sentences of 10 years to life imprisonment or even the death penalty if the circumstances are particularly grievous.
Zhou was sentenced to 15 years. Under Chinese law, offenders over the age of 75 can receive reduced sentences or even avoid incarceration based on health or other considerations.
In Zhou's case, the Shaoyang Detention Center refused to admit him, citing his inability to care for himself as the reason, and recommended that the court allow him to serve his sentence outside.
Legal Grounds for Temporary Suspension of Incarceration
According to Zhou Xifeng, a lawyer from Beijing's Jingshi Law Firm, the reason Zhou's prison sentence is being deferred is not due to his age (he is 93) but rather because of his physical incapacity. Under Article 265 of the Criminal Procedure Law, individuals who are serving a sentence of imprisonment or detention can be temporarily released to serve their sentence outside of prison if:
1. The offender is suffering from a serious illness and requires medical treatment outside.
2. The offender is a pregnant or breastfeeding woman.
3. The offender is unable to care for themselves, and releasing them would not pose a threat to society.
Zhou's case falls under the third category, where he is considered unable to care for himself. However, the law also stipulates that the release must not pose any risk to public safety, and there remains controversy over whether this condition is met.
Public Outcry
Many media outlets and netizens have expressed outrage over the court's decision, questioning whether an elderly man who has committed such a grave crime should be allowed to avoid incarceration. The legal and ethical implications have been widely debated.
The Paper highlighted that Zhou's actions were clearly severe as the 15-year sentence was the maximum penalty for his crime under the law. Critics argued that no age should be an excuse for committing such serious offenses.
In particular, comments flooded social media, with users questioning, "He can rape someone but cannot take care of himself?" and stating that "age should not be a shield for criminals". Some called for better reform of the prison system to accommodate elderly prisoners and ensure that they are still incarcerated when necessary, without compromising on their health or safety.
Source: 新闻坊
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