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Nation
Print Edition> Nation
UPDATED: June 7, 2010 NO. 23 JUNE 10, 2010
When Sex Meets Law
A professor's sentence for swinging causes mass debate
By YIN PUMIN
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Ma Yaohai, an associate professor of computer science at Nanjing University of Technology in east China's Jiangsu Province, was sentenced to three and a half years in prison on May 20 for organizing group-sex parties, renewing nationwide debate on sexual freedom in China.

The Qinhuai District People's Court in Nanjing handed down jail terms of up to two and a half years to 18 others, while the rest of the three convicted were exempted from criminal penalties because they turned themselves in.

The 53-year-old Ma and the 21 other people were the first group in 20 years to be convicted of group licentiousness.

"Ma received a relatively more severe punishment because he didn't admit the malicious and illegal nature of his conduct," the court said.

Under the country's Criminal Law, the maximum sentence for such a crime is five years in prison.

Ma's defense lawyer, Yao Yong'an, told Xinhua News Agency his client was the only one of the accused to plead not guilty and will appeal the sentence.

On April 7-8, the court heard how 14 men and eight women met through an online chat room and engaged in group-sex activities from 2007 to 2009.

The twice-divorced Ma became interested in the activities, also known as swinging, in 2003 after his latest marriage failed. He initially joined chat rooms on the Internet and set up his own online group, "fraternity games," in 2007.

The procurators found that Ma had organized and participated in 18 orgies, of which 14 took place at his home, where his mother was also living. Media reports said Ma once entertained up to eight people in his 15-square-meter bedroom.

The group, comprised of white-collar workers, taxi drivers and salesclerks, also held some of the parties in hotels.

In August last year, the local police arrested five people for engaging in group-sex parties. An investigation then led to the arrest of another 17 people, including Ma.

Ma admitted the facts, but argued that as all the defendants were voluntary adult participants, they were not guilty of any crime.

"Swinging is like a cup of wine. You can drink it if you like. If you don't like it, don't drink it," he said.

However, the chief judge disagreed and said group licentiousness infringed upon public order.

The case has renewed heated debate on whether group-sex is a moral issue or a criminal one.

A survey on ifeng.com, the official website of Phoenix TV, showed 70.7 percent of the 15,871 respondents said Ma should not have been brought to trial.

"Voluntary sex in private places, which does not disturb social order or hurt public sentiments, should not be established as a crime," Xue Huogen, Ma's other lawyer, showcased. "There was no need to give a criminal verdict."

Xue also said the proceedings show the clash between public power and an individual's rights.

Li Yinhe, a famous sociologist and sex expert with the Chinese Academy of Social Sciences, said the charge itself should be abolished because it is outdated and the practice only challenges morality.

"This law belongs in the Middle Ages. Individuals have the right to use their bodies for whatever harmless purpose they choose. This law violates that right," Li was quoted by the Shenzhen-based Daily Sunshine as saying.

"It's a big project to figure out what judicial authorities really should do on what areas and to what extent," Li said.

But other legal experts said the punishment is proper.

"Swinging should be banned because it violates moral ethics, which will affect social order and harm interpersonal relationships," Yuan Jiuhong, a professor at Southeast University based in Nanjing, told the Procuratorial Daily.

Sun Guoxiang, a law professor from Nanjing University, called the conduct contagious and said it cannot be accepted by the public.

"It disturbs social order and is harmful to society," Sun said. "Monogamy is a mainstream ideology and the charge is set to protect the sexual relations of mainstream society."

Voices

"Monogamy is a mainstream ideology and the charge is set to protect the sexual relations of mainstream society."

—Sun Guoxiang, a law professor from Nanjing University

"Swinging should be banned because it violates moral ethics, which will affect social order and harm interpersonal relationships."

—Yuan Jiuhong, a professor at Southeast University

"This law belongs in the Middle Ages. Individuals have the right to use their bodies for whatever harmless purpose they choose. This law violates that right."

—Li Yinhe, a sociologist and sex expert with the Chinese Academy of Social Sciences

"When it comes to someone's personal life, we should not judge them on mainstream morality. Sex is a personal thing and everyone can have their own moral standards."

—Fang Gang, an associate professor of gender studies at Beijing Forestry University

Sex Offence Once Carried Death Penalty

In the 1980s, Ma Yanqin, a middle-aged woman in Xi'an, Shaanxi Province, was sentenced to death for "hooliganism" after attending secret dance parties. She was one of 300 men and women arrested at the time.

The crime of "engaging in large promiscuous activities" was one of several regulations that came into force in 1997 to replace the charge of "hooliganism."

The charge that exists today outlaws any sexual activity that involves three or more people and carries a maximum punishment of five years in prison.

In a 2006 survey of attitudes on sexual behavior by the Institute of Research on Sexuality and Gender affiliated to the Renmin University of China, two fifths of more than 6,000 respondents said they felt taking part in orgies should not be a crime.

(Source: Fangyuan Luzheng, a magazine sponsored by the Procuratorial Daily)

 



 
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