If the other person is intoxicated, unconscious, or under 14, do not have sex with them

If the other person is intoxicated or asleep, they cannot give informed consent. Having sex with them in such a state is legally classified as rape, carrying a base sentence of 3 to 10 years in prison. After the fact, it is nearly impossible to prove they had consented at the time. The only reliable course of action is to abstain from sex, and once the gathering ends, ensure they are returned to their own friends or family. Age verification follows Section 9, Article 18 (under 14 years of age).

Cost

No monetary cost. The price is having to stop the encounter right then and there — the hard part is actually halting it on the spot.

Benefit

Article 236 of the Criminal Law stipulates that anyone who rapes a woman using violence, coercion, or other means faces a sentence of 3 to 10 years in prison. The phrase “other means” is not limited to physical force; it also covers situations where the victim is intoxicated or asleep and thus unable to consent. More severe circumstances — such as repeated offenses or especially egregious acts — incur sentences of 10 years or more, life imprisonment, or even the death penalty. The same article also states that raping a girl under 14 is treated as rape and punished more severely; age determination follows Section 9, Article 18 (under 14 years of age). A legal awareness article published by the Xicheng District People’s Procuratorate of Beijing notes that “sexually assaulting a woman after drugging or intoxicating her also constitutes rape.” The decisive factor is “whether the act violates the victim’s genuine will”; whether the victim resisted at the time is irrelevant. Article 237 of the Criminal Law governs forced indecency: anyone who uses violence, coercion, or other methods to force another person into indecent acts faces up to 5 years in prison or detention (nationwide).

Notes

This grade is assigned because the statutory text only contains the vague phrase “other means.” The assertion that “intoxication also counts as rape” originates from the procuratorate’s awareness article, not from an official judicial interpretation. The rape statutes explicitly reference women; when men are subjected to similar acts, they are prosecuted under the forced indecency statute, so gender makes no difference — no one may be touched under such circumstances. If you yourself are the victim, see Section 13, Article 42 (“After being sexually assaulted”) for appropriate steps to take. If you are so intoxicated that you lose consciousness, you face dual risks: being accused of a crime and being blackmailed; see Section 31, Article 32 (“If the other party uses leverage to demand money, call the police”) for details.

Sources · 2

1. 全国人大 (1997). 刑法（第二百三十六条）. spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
2. 全国人大 (2020 年修正). 刑法（第二百三十七条）. jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925…（北京市公安交管局转载整合文本）；北京市西城区人民检察院 (2018). 她们为什么不再沉默……. bjjc.gov.cn/c/xicheng/xjjsl/320654084.jhtml