“Temporary Rape” Fuels a New Round of Mockery at China's Social Justice

In China, public confidence in the country's judicial system underwent another blow following a recent decision on a rape case in Nanxun, Zhejiang Province. In June this year, two assistant policemen (defendants) brought two girls who had just graduated from local high school (victims) out to dinner. The victims were drunk and driven to a hotel where the two men had sexual intercourse with them while they were still unconscious. In the judgment that was handed out on 29 Oct, the offence was said to be of a nature that was “temporary and of improvised intent”, ground for a lenient sentence of 3 years imprisonment.

The Chinese netizens were quick to grasp the “punchline”. Already “temporary” has become a popular adjective and is aptly reconstrued as “temporary kiling”, “temporary drink driving”, “temporary bribing”, etc in mockery at the sloppy social justice.

70Ma (70码 70km/hr) and Duo Mao Mao (躲猫猫 Peek-a-boo)
In China, judicial indepdence is a rhetorical joke. The country's one-party political system means that judicature like other powers is operating under the communist party's sole leadership. The judges have effectively no secure tenure or income, thus prone to political influence and corruption. This goes without saying that the prosecution, police force and correction service are on the same boat. In May this year, a speeding BMW driver hit a pesdestrian. Upon impact, the victim was thrown up to 5 meters in the air and landed 20 meters away dead. The official crash experts decided that the BMW was driving at 70km/hour, thus within the speed limit. This was publicly ridiculed and the police had to amend the figure later. The phrase “70 ma” soared to popularity afterwards. In Febuary this year, a detainee in Yunnan Province died in custody following what the police described an incident while playing a friendly game of Duo Mao Mao with other inmates. The incident turned out that the victim sustained violent assaults and injuries inflicted by blunt objects. The police in this case were only concerned about whitewashing their oversight. Needless to say, “Duo Mao Mao” has since then been used to describe lame excuses that law enforcement bodies use so often to cover up their mistakes.

Netizen Responses to “Temporary Rape”
Unsurprisingly, when “Temporary Rape” came out it was destined to make its mark on Chinese phrase bank too. As one author wrote on Tianya, China's popular social forum.

南浔法院根据犯罪事实，给两个强奸犯定的属“临时性的即意犯罪”，令辽河鱼迷糊了，这是个啥概念？搜遍了网络，也没找到“ 临时性的即意犯罪”的来源和条款依据。“临时”既是非正式的和短时间的行为，难道强奸犯罪还有“非正式”和时间的长短之分？这个“临时性的即意犯罪”应是 个新名词，可以为我国的司法界又填补了一项创造性的空白，可喜可贺。

The Nanxun Court, based on the facts of the offence, decided that the two rapists committed a “temporary and improvised crime”. This makes Liaoheyu [the author] puzzled. What does this concept mean? I searched the whole internet, yet couldn't find the source or legislative ground for “temporary and improvised crime”. “Temporary” refers to informal and short-term behaviors. Does it mean that the offence of rape should be categorized as [formal] or “informal” and long or short? This “temporary and improvised crime” is a new phrase. It fills a niche in China's judiciary field and should be congratulated on.

The author went to question the criminal facts and intent and the validity of the judgment.

搞不明白，犯罪还有临时、固定、长期之分？在被害人不清醒的情况下，两人轮番实施强奸，为什么不是轮奸？难道就是因为得到 了被害人的谅解？这个谅解是怎么得到的？相信“金钱封嘴”的肯定的。如果这个判决能成为一个新的榜样，那以后再出现这样的“临时性的即意犯罪”，是否也要 得到“从轻处罚”呢？要是在这样，可以再全国推而广之，以便广大犯罪分子都去进行“临时性的即意犯罪”。

将女灌醉，然后带她去开房，强奸了她，明显就是有预谋的犯罪，什么是“即时性”？就是即时就发生性关系。临时性的犯罪就可以“从轻判决”？那哪个犯罪不是“临时性”的？是否都要可以轻判？
　　
其犯罪算是“临时性的即意犯罪”，那判了3年，笔者想也应该是“临时性的即意判决”。

It's hard to fathom that crimes should be categorized as temporary, fixed, long-term. The two men took turns to rape two unconscious victims. Why was it not a case of gang rape? Was it just because that the victims forgave them later. How did they obtain this “forgiveness”? It's almost certain that it is bought. If this judgment sets a precedent, will all future “temporary and improvised” crimes be punished leniently? If this approach is adopted throughout the country, it will be convenient for the criminals to commit “temporary and improvised” offences.
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To intoxicate the girls, bring them to a hotel and rape them is obviously premediated crime. What is “improvised” then? It is to say that the sexual intercourse was improvised. If a temporary crime attracts a light sentence, then what crime is not “temporary”? Should every crime be punished lightly?
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If this crime is truly a “temporary and improvised crime”, then the “3 years imprisonment”, I think, must've been a “temporary and improvised sentence”.

The post on Tianya attracted over 83 pages of replies, many of which “improvised” with humour:

这是创新型社会，楼主懂吗？我们可爱的党正在创造一个又一个新名词！

This is a creative society. Does the author understand? Our lovely Party is creating one new phrase after another!

临时性地变通法律。

Temporary bending of the law

　　

估计是临时性受贿！~ 于是乎想出临时性强奸！~得出临时性判决~！~

It's probably temporary bribing-taking!~ Then [the judge] came out with temporary rape! ~to arrive at a temporary judgment~!~