What are other sexual activities as prescribed by the Criminal Code of Vietnam?
What are the regulations on other sexual activities in the Criminal Code of Vietnam?
Pursuant to Clause 2, Article 3 of Resolution No. 06/2019/NQ-HDTP stipulating as follows:
“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” in the Criminal Code of Vietnam, which are defined in sexual offenses such as rape, sexual abuse, etc., 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 are other sexual activities as prescribed by the Criminal Code of Vietnam? (Image from the Internet)
How are other sexual activities with a person aged from 13 to under 16 penalized?
Pursuant to Article 145 of the 2015 Criminal Code of Vietnam stipulating:
Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16
1. 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 hereof shall face a penalty of 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against 02 or more people;
c) The offence is of an incestuous nature;
d) The offence results in the victim's pregnancy;
dd) The offence causes 31% - 60% WPI for the victim;
e) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence causes ≥ 61% WPI for the victim;
b) The offender commits the offence in the knowledge of his HIV infection.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Thus, currently, other sexual activities with a person aged from 13 to under 16 are stipulated to be handled according to 3 penalty frames:
Frame 1: 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 hereof shall face a penalty of 01 - 05 years' imprisonment.
Frame 2: This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
- 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.
Frame 3: This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
- The offence causes ≥ 61% WPI for the victim;
- The offender commits the offence in the knowledge of his HIV infection.
In addition, offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
What are the principles of prosecution against sexual offenders?
Pursuant to Article 6 of Resolution No. 06/2019/NQ-HDTP on the principles of prosecution against sexual offenders as follows:
- 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.
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