How is Child Sexual Abuse Handled?

Sexual abuse of children encompasses acts (including rape of children, forced sex with children, intercourse with children, indecent acts with children, etc.) that infringe upon the health, normal physiological development, physical condition, honor, dignity, and inviolable sexual rights of children.

Penal Code 1999 outlines acts that violate children's sexual rights such as: Crime of raping children (Article 112); Crime of forcing children into sexual acts (Article 114); Crime of having intercourse with children (Article 115); Crime of committing indecent acts with children (Article 116).

Criminal Code 2015 has made some adjustments regarding acts and corresponding penalties for individuals committing sexual abuse against children as follows:

Rape of a person under 16 years old (Article 142)

Signs of crime:

- Using force, threatening to use force, or exploiting the victim's helpless condition or other means to have intercourse or engage in other sexual activities with a person aged from 13 to under 16 against their will; or- Engaging in intercourse or other sexual activities with a person under 13 years old.

Penalty: 7 to 15 years of imprisonment.

If the offense involves incest, results in pregnancy, is committed multiple times, is organized, involves multiple perpetrators, is against a person under 10 years old, or causes the victim's death or suicide, the perpetrator shall be sentenced to 12 to 20 years of imprisonment, life imprisonment, or the death penalty.

Forcing a person aged from 13 to under 16 to engage in sexual acts (Article 144)

Signs of crime: Anyone who uses any means to force a person aged from 13 to under 16 who is dependent on them or in a distressing situation to engage in intercourse or other sexual acts.

Penalty: 5-10 years of imprisonment.

Penalties will increase when the perpetrator has aggravating circumstances such as causing pregnancy, causing mental and behavioral disorders in the victim from 11-45%, knowingly committing the crime while being HIV-positive, etc. The perpetrator will face a penalty of 7-20 years of imprisonment or life imprisonment.

Intercourse or other sexual activities with a person aged from 13 to under 16 (Article 145)

The perpetrator aged 18 or older who engages in intercourse or other sexual activities with a person aged from 13 to under 16 shall be sentenced to 1-5 years of imprisonment.

Similarly, if there are aggravating circumstances such as repeated offenses, committing the crime against someone for whom the perpetrator has a duty of care, education, treatment, or knowingly committing the crime while being HIV-positive, the penalty shall be increased to 3-15 years of imprisonment.

Indecent acts with a person under 16 years old (Article 146)

Indecent acts are behaviors of a sexual nature to satisfy sexual desires, such as hugging, kissing, groping private parts, without the intent to have intercourse with the victim.

An individual aged 18 or older committing indecent acts with a person under 16 years old without intending to have intercourse or other sexual activities shall be sentenced to 6 months to 3 years of imprisonment. The penalty can be increased to 12 years if there are aggravating circumstances.

Using a person under 16 for pornographic purposes (Article 147)

Anyone aged 18 or older who entices, coerces, or forces a person under 16 to perform or directly observe pornographic performances in any form shall be sentenced to 6 months to 3 years of imprisonment.

Similar to other crimes, the perpetrator will face an extended penalty up to 12 years of imprisonment if there are additional aggravating circumstances.

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