China's Supreme Court Rules Engagement Does Not Imply Sexual Consent in Landmark Rape Case

A Case That Reshapes the Legal Landscape of Intimate Partner Relations in China

BEIJING — In a society where traditional marriage customs often blur the lines of consent, China's Supreme Court has taken a decisive stand by adding the "Shanxi Datong Engagement Rape Case" to its prestigious Case Repository. The ruling, finalized on May 14, 2025, establishes that engagement does not constitute implicit sexual consent—a landmark decision that legal experts call "a milestone for women's rights in Chinese jurisprudence."

The case centered on events that unfolded in Yanggao County, a region where traditional marriage customs still hold significant sway. What began as a typical matchmaking arrangement in early 2023 devolved into a criminal case that has now become a reference point for courts nationwide.

"This ruling dismantles deeply entrenched beliefs about engagement conferring certain 'rights' to men," said a Beijing-based legal scholar who specializes in gender law. "The court has clearly stated that consent must be explicit, regardless of relationship status."

The Relationship That Ended in Court

On January 30, 2023, a local matchmaking agency introduced Mr. Si and Ms. Wu, who subsequently began dating. During their courtship, they verbally agreed to a bride price of 188,000 yuan (approximately $26,000)—a common practice in many parts of China that involves the groom's family providing money and gifts to the bride's family.

Table: Overview of the Bride Price Custom (Caili) in China

Aspect	Description
Name (Chinese)	彩礼 (cǎilǐ)
Purpose	Shows respect, sincerity, and formal commitment; compensates bride's family
Common Forms	Cash, jewelry, gold, household goods; symbolic amounts (e.g., 88,000 RMB)
Regional Variations	Higher in wealthy coastal areas; still emphasized in rural/northern regions
Social Issues	Financial burden, gender imbalance, commercialization of marriage
Modern Trends	Negotiated or symbolic amounts, return gifts (回礼), bride’s dowry (嫁妆)

Court records reveal that Ms. Wu had explicitly communicated her opposition to premarital sex during their relationship—a critical detail that would later become central to the case.

Following local tradition, Mr. Si's family held an engagement ceremony on May 1, 2023, during which he provided 100,000 yuan and a 7.2-gram ring to Ms. Wu's family. The couple also received a written promise that Ms. Wu's name would be added to the Si family property certificate one year after marriage.

The next day, after a celebratory meal hosted by Ms. Wu's family, the couple visited Mr. Si's 14th-floor apartment in Yanggao County. What should have been a continuation of their celebration instead became the scene of a crime that would eventually reach China's highest court.

The Incident and Immediate Aftermath

Inside the apartment, court documents show that Mr. Si proposed having sexual relations. Despite Ms. Wu's refusal and stated preference to wait until after marriage, Mr. Si forcibly assaulted her.

The physical and emotional trauma of the assault prompted an immediate and desperate reaction from Ms. Wu. In distress, she set fire to items in the apartment, including bedroom cabinets and living room curtains, before attempting to flee.

Surveillance footage from the building captured a harrowing scene: Ms. Wu running down to the 13th floor, calling for help, before Mr. Si forcibly dragged her back to his apartment. He confiscated her phone, only returning it when her mother called as they were leaving the building.

That night, Ms. Wu and her mother reported the rape to local police.

A Trail of Evidence

The investigation moved swiftly. On May 4, 2023, police medical examination revealed bruises on Ms. Wu's arms and right wrist. Crime scene investigators documented that bedroom curtains had been pulled down, and the living room curtains showed burn marks—physical evidence corroborating Ms. Wu's account of her distressed state following the assault.

Forensic analysis yielded perhaps the most compelling evidence: DNA testing of the bed sheet revealed Mr. Si's semen stains and mixed DNA profiles from both individuals. The following day, May 5, authorities placed Mr. Si under criminal detention.

"The physical evidence in this case creates an unambiguous timeline," explained a forensic expert familiar with similar cases. "Combined with the victim's immediate reporting and consistent testimony, it presents a clear picture of what transpired."

Legal Battle on Two Fronts

The case proceeded through China's legal system on parallel tracks. The Yanggao County Procuratorate charged Mr. Si with rape on June 27, 2023, and the first criminal trial concluded on December 25, 2023, with the Yanggao County People's Court finding him guilty and imposing a three-year prison sentence.

In an unexpected development that further complicated the case, Mr. Si filed a civil lawsuit against Ms. Wu on January 25, 2024, demanding that she either register their marriage according to their "Engagement Gift Agreement" or return the bride price. This attempt to leverage traditional customs against Ms. Wu was ultimately unsuccessful, with the court ruling against Mr. Si.

The criminal case proceeded to a second instance trial at the Datong Intermediate People's Court on March 25, 2025. After a four-hour hearing, the court upheld the original verdict on April 16, maintaining both the rape conviction and the three-year sentence. Simultaneously, the court dismissed Mr. Si's appeal in the related civil case.

From Local Case to National Legal Precedent

The inclusion of this case in China's Supreme Court Case Repository—a system launched in July 2023 and opened to the public in February 2024—elevates its significance beyond the individuals involved. The repository includes only cases that have been vetted by the Supreme Court and deemed to have demonstrative value for similar situations.

Zhou Jiahai, director of the Supreme Court's Research Office, described the repository's cases as important "legal products" that facilitate "concrete-to-concrete" reference in legal application, promoting uniform judgment standards.

The court established two crucial legal principles through this case:

First, engagement does not imply sexual consent. The ruling explicitly rejects the notion of "sexual rights following engagement" and affirms that forcing sexual relations against a woman's will constitutes rape, regardless of engagement status or traditional expectations.

Second, the case emphasizes privacy protection in legal proceedings, warning that leaking confidential information from non-public trials carries legal consequences. This applies to all parties involved, including defense attorneys and legal representatives.

Breaking With Tradition

The ruling challenges deeply rooted customs in regions like Shanxi's Datong area, where engagement often carries quasi-marital authority. The court's decision represents a direct confrontation with cultural practices that have historically undermined women's autonomy.

"In areas with strong traditional marriage customs, engagement has often been treated as conferring certain privileges," noted a sociologist who studies gender dynamics in rural China. "This ruling sends a clear message that cultural practices cannot override individual rights."

Zhou Zhaocheng, a lawyer with Beijing Anjian Law Firm, described the case as having "milestone judicial significance," explicitly rejecting the antiquated concept that "engagement implies sexual consent" and emphasizing that sexual activity against a woman's will constitutes rape regardless of relationship status.

Broader Implications for Chinese Society

Beyond its legal ramifications, the case has sparked nationwide discussion about consent, gender equality, and the evolution of marriage customs in contemporary China.

"This ruling doesn't just affect legal practice—it signals a shift in how society views relationships," remarked a gender rights advocate in Shanghai. "It establishes that consent is paramount, even in traditional contexts where it has historically been assumed or ignored."

Fu Jian, director of Henan Zejin Law Firm, emphasized that the case exemplifies the fairness and justice of a society governed by rule of law. He noted that repository cases serve as references in practice, helping to ensure consistent judgments and enhance judicial credibility.

The ruling comes at a time when China's legal system is increasingly addressing gender-based violence and women's rights issues. By affirming that violation of a woman's will is the core element of rape—regardless of relationship status—the court has established a zero-tolerance stance toward intimate partner violence.

As this case takes its place in China's evolving legal framework, its influence extends beyond courtrooms into living rooms, challenging long-held assumptions and potentially reshaping the foundations of intimate relationships across Chinese society.