Is it illegal to open a hotel with an underage girlfriend?

Whether it is illegal to open a hotel with an underage girlfriend depends on the age and willingness of the girl. If a minor girl is under 14 years old, whether she likes it or not, it constitutes rape. If the underage girl has reached the age of 14, it does not constitute a crime.

Legal analysis

The crime of rape refers to the criminal act of forcing the victim to have sexual relations by means of violence, threat or injury against the victim's will, which is recognized according to law. The crime of rape must objectively exist the act of using violence, coercion or other means to make women unable to resist, dare not resist, do not know how to resist, or use women's ignorance and inability to resist to commit adultery. The so-called violent means refers to the means of illegally exercising tangible power over the victim's body, that is, the measures taken directly against the victim, such as beating, binding, gagging, choking, pressing, etc. Endanger personal safety or personal freedom, so that women dare not resist. The so-called coercive means refers to the means of threatening and intimidating the victimized women to achieve mental coercion so that they dare not resist. The core of coercion is enough to arouse the fear of the victimized women, so that they dare not resist, thus realizing the intention of forced adultery. Women may be threatened verbally or in writing directly or through a third party, may be threatened by violence, such as holding a knife, or may be threatened by nonviolence, such as exposing privacy and damaging reputation. It should be pointed out that sexual relations with women by taking advantage of upbringing, subordination and position rights cannot be regarded as rape. The crux of the problem lies in whether the actor used this specific relationship to intimidate women, not in whether this specific relationship exists. The so-called other means refers to the use of means other than violence or coercion, which makes the victimized woman irresistible or irresistible and has the same coercive nature as violence and coercion. Other common means in judicial practice are: raping women by means of drunkenness or drug anesthesia; Rape by taking advantage of women's sleeping; Rape by pretending to be a woman's husband or lover and using a woman's serious illness to commit rape; Causing or taking advantage of women's isolation to commit rape; Fake medical treatment and rape of women; Organizations use religious sects, cult organizations or superstitions to rape women.

legal ground

Article 236 of the Criminal Law Amendment of People's Republic of China (PRC) is amended as: "Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years." Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape. "Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:" (1) raping a woman or raping a young girl, if the circumstances are bad; "(2) raping women and raping many young girls;" (3) raping women or young girls in public places; "(4) gang rape of two or more persons;" (5) raping a young girl under the age of ten or causing harm to a young girl; (6) Causing serious injury, death or other serious consequences to the victim.