'Cultural mistake' led to touching boy's genitals in changing rooms in Christchurch
David Clarkson18:32, Jul 17 2019
GEORGE HEARD/STUFF
Changfu Ren, 79, has been discharged without conviction for a "cultural mistake" at Christchurch's Pioneer Recreation and Sport Centre. (File photo)
A 79-year-old Chinese man who tweaked a toddler's penis in a recreation centre changing room has avoided conviction because the practice is seen as an acceptable sign of affection in China.
The man has already apologised to the Christchurch boy's parents and paid them $1000, which will be put towards their child's education.
The Crown accepted there was no sexual motive in the touching at Pioneer Recreation and Sport Centre in August last year and Ren had admitted a charge of Crimes Act assault.
Judge Alistair Garland said he accepted the submission from defence counsel Lee Lee Heah that it was a "cultural mistake" and a conviction would cause Ren a deep sense of failure.
He decided the consequences would be out of proportion to the gravity of the offence and discharged Ren without conviction under section 106 of the Sentencing Act.
The incident happened at 9.45am on August 18, when he was in the changing rooms. The young victim – who Ren did not know – was getting changed with his father when Ren pointed at him and began laughing.
Ren then reached over and touched his penis in a flicking motion. He continued laughing, and touched the penis again, gently pinching it, when the father told him to stop.
Ren told police he liked the victim because he reminded him of his grandson in China. He said he did not know that such behaviour was an offence in New Zealand, and he had been showing the victim genuine affection.
A cultural report, prepared by Ren's daughter, said tweaking a child's penis was a common form of endearment in China.
"Ren was shocked that he had caused emotional harm and worry to the child and family, and he was willing to do anything he could to make amends," Judge Garland said.
Touching a penis was seen as acceptable behaviour for elderly Chinese men. "The practice needs to be understood in terms of Mr Ren's culture, which places a much higher status or value on male children than female children. Genitals were perceived as a symbol of the revered male gender."
Academics specialising in Chinese culture spoken to by Stuff held differing views on the practice.
Victoria University Chinese researcher Dr Christian Yao said he had never heard of such an act, and "wouldn't call it Chinese culture".
"I don't see it as appropriate behaviour regardless of what cultural conduct we talk about."
It was culturally acceptable to see the innocent side of children, he said.
"As a young boy I definitely didn't receive such behaviour from my family members."
University of Canterbury anthropologist Dr Zhifang Song said in Chinese culture, particularly in rural villages, touching a young boy's genitals was not offensive and would be seen as a sign of affection.
"You seldom see old people touching female children's genitals – that would be offensive – but for a little boy's genitals, it is not offensive at all.
"Values can vary greatly from culture to culture."
Ren has lived in New Zealand since 2009. He grew up in impoverished circumstances in China during its civil war, and was the only one of five children to receive an education. He completed an engineering degree and worked long hours in that job all his life, often living in sub-standard housing.
He was married for 45 years, and was the father of had two children, and has he has one grandson who lives in China. The court was told he missed his grandson dearly.
Stuff
David Clarkson18:32, Jul 17 2019
GEORGE HEARD/STUFF
Changfu Ren, 79, has been discharged without conviction for a "cultural mistake" at Christchurch's Pioneer Recreation and Sport Centre. (File photo)
A 79-year-old Chinese man who tweaked a toddler's penis in a recreation centre changing room has avoided conviction because the practice is seen as an acceptable sign of affection in China.
The man has already apologised to the Christchurch boy's parents and paid them $1000, which will be put towards their child's education.
The Crown accepted there was no sexual motive in the touching at Pioneer Recreation and Sport Centre in August last year and Ren had admitted a charge of Crimes Act assault.
Judge Alistair Garland said he accepted the submission from defence counsel Lee Lee Heah that it was a "cultural mistake" and a conviction would cause Ren a deep sense of failure.
He decided the consequences would be out of proportion to the gravity of the offence and discharged Ren without conviction under section 106 of the Sentencing Act.
The incident happened at 9.45am on August 18, when he was in the changing rooms. The young victim – who Ren did not know – was getting changed with his father when Ren pointed at him and began laughing.
Ren then reached over and touched his penis in a flicking motion. He continued laughing, and touched the penis again, gently pinching it, when the father told him to stop.
Ren told police he liked the victim because he reminded him of his grandson in China. He said he did not know that such behaviour was an offence in New Zealand, and he had been showing the victim genuine affection.
A cultural report, prepared by Ren's daughter, said tweaking a child's penis was a common form of endearment in China.
"Ren was shocked that he had caused emotional harm and worry to the child and family, and he was willing to do anything he could to make amends," Judge Garland said.
Touching a penis was seen as acceptable behaviour for elderly Chinese men. "The practice needs to be understood in terms of Mr Ren's culture, which places a much higher status or value on male children than female children. Genitals were perceived as a symbol of the revered male gender."
Academics specialising in Chinese culture spoken to by Stuff held differing views on the practice.
Victoria University Chinese researcher Dr Christian Yao said he had never heard of such an act, and "wouldn't call it Chinese culture".
"I don't see it as appropriate behaviour regardless of what cultural conduct we talk about."
It was culturally acceptable to see the innocent side of children, he said.
"As a young boy I definitely didn't receive such behaviour from my family members."
University of Canterbury anthropologist Dr Zhifang Song said in Chinese culture, particularly in rural villages, touching a young boy's genitals was not offensive and would be seen as a sign of affection.
"You seldom see old people touching female children's genitals – that would be offensive – but for a little boy's genitals, it is not offensive at all.
"Values can vary greatly from culture to culture."
Ren has lived in New Zealand since 2009. He grew up in impoverished circumstances in China during its civil war, and was the only one of five children to receive an education. He completed an engineering degree and worked long hours in that job all his life, often living in sub-standard housing.
He was married for 45 years, and was the father of had two children, and has he has one grandson who lives in China. The court was told he missed his grandson dearly.
Stuff
