Police in China's Gansu face scrutiny after refusing child assault case, acting only after media exposure
Police in China’s Gansu province initially declined to file a criminal case after a 12-year-old girl reported being sexually assaulted by three men, citing “no criminal facts”. An investigation was only launched after media coverage drew public attention to the case. While the perpetrators were later convicted, prosecutors have twice rejected the victim’s family’s attempts to pursue criminal charges against the police officers involved.
- A 12-year-old girl in Gansu was sexually assaulted by three men in 2021, but police initially declined to open a case, citing “no criminal facts”.
- After media exposure, authorities launched an investigation, leading to the arrest and conviction of the perpetrators and disciplinary action against 12 public officials.
- Prosecutors later ruled that flaws in the initial police handling did not meet the legal threshold for criminal dereliction of duty.
CHINA: Police in China’s Gansu province initially declined to file a case after a 12-year-old girl reported being sexually assaulted by three men, citing “no criminal facts”, before launching an investigation only after media coverage brought the case to public attention.
The incident, which occurred in 2021 in Linxia, has since led to prison sentences for the perpetrators.
However, the victim’s family’s attempt to hold police officers criminally accountable for alleged dereliction of duty has been rejected twice by prosecutors.
Case Emerged After Media Exposure
According to local reports, the victim, identified by the pseudonym Xiaoyan, was 12 years and four months old at the time of the incident.
She had left home alone to meet an online acquaintance in the city, who told her he would take her to a park.
Instead, over the course of three days, the girl was repeatedly sexually assaulted by three men.
After the incident was reported to police, authorities in Linxia decided not to open a criminal case, stating that “no criminal facts had occurred”.
Only after the case was reported by the media did the Linxia prefectural government establish a joint investigation team. Multiple suspects were later arrested.
Perpetrators Sentenced, Officials Disciplined
In April 2023, four men involved in the case were convicted of rape and sentenced by the court.
Following the verdicts, the Linxia Prefecture Commission for Discipline Inspection and Supervision held 12 public officials from the police and prosecutorial authorities accountable.
Eight received Party or administrative disciplinary punishments, while six were transferred out of the public security system or subjected to other organisational measures. Two individuals received both types of punishment.
The names of the 12 officials were not publicly disclosed.
Family Sues Police Officers for Alleged Dereliction of Duty
Xiaoyan’s uncle, identified under the pseudonym Ma Jianqiang, argued that police officers who had initially decided not to file the case should be investigated for criminal dereliction of duty.
He filed lawsuits against several officers, including a then deputy head of the criminal investigation brigade surnamed Ma and a team leader surnamed Tuo.
However, in March and December 2025, the Linxia Prefectural People’s Procuratorate and the Gansu Provincial People’s Procuratorate respectively concluded that the officers’ actions did not constitute a crime and decided not to initiate criminal proceedings.
Concerns Over Initial Investigation
Ma Jianqiang said he has repeatedly requested information from authorities about the list of officials disciplined in the case, but has not received a response.
He also questioned the speed and quality of the initial police investigation.
“Only three or four days after the incident, they decided not to file a case. Wasn’t that too hasty?” he said. “Why was there no case for ten months, but once the news was reported, a case was immediately opened?”
He added that police failed to properly examine injuries to the girl’s toes sustained while resisting the assault, and did not promptly extract or recover data from the suspects’ mobile phones.
Prosecutors Say Threshold for Criminal Liability Not Met
A prosecutor from the Gansu Provincial People’s Procuratorate involved in handling the case told Ma Jianqiang that the decision to maintain the non-filing ruling was made in accordance with the law after careful consideration.
The prosecutor said the initial decision by police followed meetings and internal reporting, and that one key difficulty at the time was determining whether the suspects were aware of the girl’s actual age.
While acknowledging problems in the handling of the case — including incomplete investigation of premeditation, failure to promptly retrieve mobile phone data, and unresolved inconsistencies in statements — the prosecutor said the available evidence did not meet the threshold required to pursue criminal charges against the officers for dereliction of duty.
