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

A 45-year-old woman, identified only by her surname Bu, had lost contact with her family for more than a decade. She was found in late 2024 in a rural area in Heshun county in the central Chinese province of Shanxi, more than 100km (62 miles) from her home.

Bu had an advanced university education but she also had a history of mental illness, and the discovery that she had given birth to several children with a villager raised suspicion that she was a victim of human trafficking and rape.

A 46-year-old man identified only as Zhang was investigated on suspicion of rape, with authorities saying that he “knew Bu had a mental illness but still had sexual relations with her and fathered children”.

But in recent weeks the authorities have decided not to prosecute Zhang, saying his conduct had been “fundamentally different from rape” because “Zhang’s intent was to form a family and live with Bu”.

Announcing its decision in December to drop the investigation, the county procuratorate said the first sexual encounter between Bu and Zhang took place two to three months after they met, “after the two had gradually become familiar with each other”.

“After that, Zhang continuously took care of Bu’s daily needs, became familiar with her habits and preferences, and the two were in a stable cohabiting relationship,” according to the procuratorate.

South China Morning Post