What does 'other sexual activities' mean in the Criminal Code? What are the suspected signs of a person being sexually abused in Vietnam?
- What does "other sexual activities" mean in the Criminal Code in Vietnam?
- What are the principles of prosecution against sexual offenders in Vietnam?
- What are the suspected signs of a person being sexually abused in Vietnam?
- Vietnam: What are the penalties imposed upon persons engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16?
What does "other sexual activities" mean in the Criminal Code in Vietnam?
Pursuant to Clause 2, Article 3 of Resolution 06/2019/NQ-HDTP, there are provisions as follows:
Crime determination circumstances
1. “sexual intercourse” in Clause 1 Article 141, Clause 1 Article 142, Clause 1 Article 143, Clause 1 Article 144 and Clause 1 Article 145 of the Criminal Code means the penetration of a male reproductive organ into a female reproductive organ regardless of the depth of penetration.
Sexual intercourse with a person under 10 does not necessarily involve penetration.
2. “other sexual activities” in Clause 1 Article 141, Clause 1 Article 142, Clause 1 Article 143, Clause 1 Article 144 and Clause 1 Article 145 of the Criminal Code means the penetration of a male reproductive organ, one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the mouth or anus of another person of the same sex or different sex regardless of the depth of penetration. To be specific:
a) Insertion of a male reproductive organ into the mouth or anus of another person;
b) Insertion of one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the anus of another person.
Thus, “other sexual activities” means the penetration of a male reproductive organ, one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the mouth or anus of another person of the same sex or different sex regardless of the depth of penetration. To be specific:
- Insertion of a male reproductive organ into the mouth or anus of another person;
- Insertion of one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the anus of another person.
What does "other sexual activities" mean in the Criminal Code? What are the suspected signs of a person being sexually abused in Vietnam? (Picture from internet)
What are the principles of prosecution against sexual offenders in Vietnam?
Pursuant to Article 6 of Resolution 06/2019/NQ-HDTP, there are provisions as follows:
Principles of prosecution against sexual offenders
1. Comply with basic principles of the criminal law and law on criminal procedures
2. Impose strict penalties for violations against social norms and morals; abuse of position and power; abuse of profession; and exploitation and abuse of persons under 13.
3. Impose additional penalties of the highest level according to the Criminal Code and other relevant lawsoft. If necessary, prohibit the assumption of positions or jobs relating to persons under 16.
Thus, the following principles will be applied when dealing with sexual offenders
- Comply with basic principles of the criminal law and law on criminal procedures
- Impose strict penalties for violations against social norms and morals; abuse of position and power; abuse of profession; and exploitation and abuse of persons under 13.
- Impose additional penalties of the highest level according to the Criminal Code and other relevant lawsoft. If necessary, prohibit the assumption of positions or jobs relating to persons under 16.
What are the suspected signs of a person being sexually abused in Vietnam?
According to Section 1.2, Subsection 1, of Section III of the Guidelines for Care and Medical Support for Victims of Sexual Abuse issued with Decision 3133/QD-BYT in 2020, the suspected signs of a person being sexually abused include:
- Bleeding, bruising, or injuries in the genital area suspected to be due to trauma.
- Requesting examination of the genital area without providing a clear explanation.
- The patient being in a state of panic or fear.
- Seeking medical attention during non-routine hours, such as at night, in cases that do not require immediate emergency care
- The patient or the person accompanying them (in the case of children) exhibiting abnormal behavior, concealing their identity, place of residence, or not clearly stating their relationship with the suspected perpetrator.
Vietnam: What are the penalties imposed upon persons engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16?
Pursuant to Article 145 of the 2015 Criminal Code, any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 shall face a penalty:
(1) 01 - 05 years' imprisonment: Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 of the 2015 Criminal Code
(2) 03 - 10 years' imprisonment
Any offence committed in any of the following circumstances
- The offence has been committed more than once;
- The offence is committed against 02 or more people;
- The offence is of an incestuous nature;
- The offence results in the victim's pregnancy;
- The offence causes 31% - 60% WPI for the victim;
- The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment.
(3) 07 - 15 years' imprisonment
Any offence committed in any of the following circumstances
- The offence causes ≥ 61% WPI for the victim;
- The offender commits the offence in the knowledge of his HIV infection.
In addition, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
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