If the other person is under 14, you cannot have sexual relations — “she agreed” is not a reason

If the other person is under 14, whether or not they agreed, it is handled as rape with heavier punishment; the baseline term is 3 to 10 years. If they are under 12, you are always found to have “ought to have known.” From 12 to 14, if development, manner, or dress shows they may be a young girl and you still proceed, you are found to have “known.” Claiming you truly did not know is reviewed very strictly by the courts.

Cost

No money. If the other person’s age is uncertain, do not have sexual relations.

Benefit

Sexual relations with a young girl under 14 years of age are treated as rape and punished more heavily; the baseline term is 3 to 10 years. The Supreme People’s Court’s line is this: when violence, coercion, or other force is used, rape is found whether or not you knew the other person was a young girl. Without force, for anyone under 12 it is always found you “ought to have known.” From 12 to 14, if physical development, speech and manner, clothing, and the like show they may be a young girl and you still proceed, you are found to have “known.” The “truly did not know” exception is applied very strictly (nationwide)

Notes

The original text of the two high courts’ and two ministries’ opinions on handling criminal cases of sexual abuse of minors, and the page of the Supreme People’s Court’s 2003 reply, could not be opened at the time of writing. So the standard for finding “knowledge” is cited from a reply on the Supreme People’s Court judges’ site. The statute’s term is “young girl.” This item does not distinguish whether the actor is male or female. How parents teach children to prevent sexual abuse is in Section 30, item 19 (knowing the body’s private parts).

Sources · 2

1. 全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百三十六条）. jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925…
2. 最高人民法院 (2015). 关于「与十四周岁以下幼女发生性关系是否要明知才构成犯罪」的答复. court.gov.cn/hudong/xiangqing/13363.html