The Sexual Abuse and Neglect of “Left-behind” Children in Rural China

ABSTRACT

The separation of rural families in China has resulted in a large number of “left-behind” children, who are frequently subjected to sexual abuse. Failing and insufficient tutelage owing to the migration of parents into cities and the distinctive rural living environment (e.g. drab and enclosed habitats) are the major causes of the high incidence of sexual abuse against left-behind children. We have applied the concept of “ritualized law” (lihua de fa) to delineate the powerless position of the state legal system vis-á-vis the sexual assaults committed against left-behind children in rural China. Pervasive and ingrained traditional customs and rituals, and the intermediary relationships between familiar people, have restricted the reach of the judicial system in rural areas. Moreover, deeply rooted traditional beliefs and the primacy of interpersonal (and inter-familiar) harmony over legal and formal institutions have weakened the legal system and, in many cases, allowed sexual offenders to avoid prosecution.

KEYWORDS:

• Children
• left-behind
• sexual abuse
• ritualization
• informalization

Acknowledgments

We would like to thank the interview and questionnaire respondents for their time and the valuable information they afforded. We also would like to thank the peer reviewers for their very helpful comments and patience.

Disclosure of interest

The authors declare no conflicts of interest.

Ethical standards and informed consent

All procedures followed were in accordance with the ethical standards of the responsible committee on human experimentation [institutional and national] and with the Helsinki Declaration of 1975, as revised in 2000. Informed consent was obtained from all subjects for being included in the study.

Notes

¹ The R.Y.B. Education Institution is a renowned preschool education organization that owns three main educational brands: RYB Parent-Child Garden, RYB Kindergarten, and Zhudou Parenting App-kit Club.

² Generally, temporary means more than six months.

³ The lawsuit requires the victim’s parents to be involved in the judicial process, which is costly in terms of both time and money. However, the outcome of the lawsuit does not necessarily bring material compensation to victims, and there may even be secondary consequences, such as stigmatization of the victims and their families. Migrant parents who pursue better economic benefits for their families rationally balance the costs and benefits of litigation, which usually leads to choosing a non-judicial solution with lower costs.

⁴ The patriarchal forces in China’s rural areas still have an important influence in rural governance (Gong, 2006; Xiao & Xing, 1997).

⁵ In January, 1958, the promulgation of The Household Registration Regulations of the PRC established the urban and rural binary household registration (Hukou) system. With the household registration system as the core, this system has constructed a set of urban-oriented policies. According to political needs, the structural functions of the Hukou system have been developed by the state. At first, the realistic goal of the Hukou system was building a stable and sound social order. However, under the path dependence of urban development strategies, the Hukou system has gradually evolved into an important means of social control, resource allocation, and redistribution of interests.

Additional information

Funding

The study was supported financially by Fundamental Research Funds for the Central Universities [No.: 2020SK05]; Major Project of Philosophy and Social Sciences Research in Universities of Jiangsu Province [No.: 2019SJZDA050]; Project of Association of Philosophy and Social Sciences in Jiangsu Province [No.: 19SYB-011].

Notes on contributors

Chao Wang

Chao Wang is an associate Professor of School of Public Policy & Management at China University of Mining and Technology, and a postdoc at the Institute of East Asian Studies and at the Institute for Sociology in the Faculty of Social Sciences, University of Duisburg-Essen, Germany and has published articles on left behind children, gender equality and social policy in China.

Jiayi Tang

Jiayi Tang is a master of School of Public Policy & Management at China University of Mining and Technology, and engages in research on child protection.

Tao Liu

Tao Liu is a professor of School of Public Affairs at Zhejiang University, he is also a professor at the Institute of East Asian Studies and at the Institute for Sociology in the Faculty of Social Sciences, University of Duisburg-Essen, Germany and has published articles on social policy and old age protection in China and Germany, global knowledge diffusion and digitalization in the modern society.