What is sexual abuse? Who are the care-dependents in the composition of the crime of sexual abuse in Vietnam?
Vietnam: What is sexual abuse?
Pursuant to Clause 1, Article 143 of the Criminal Code 2015 has the following provisions:
Sexual abuse
1. Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' imprisonment.
Accordingly, sexual abuse can be understood as the act of a person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities.
What is sexual abuse? Who are the care-dependents in the composition of the crime of sexual abuse in Vietnam?
Who are the care-dependents in the composition of the crime of sexual abuse in Vietnam?
At the same time, based on Clause 10, Article 3 of Resolution 06/2019/NQ-HDTP, there are the following provisions:
Crime determination circumstances
...
10. “care-dependent” in Clause 1 Article 143 and Clause 1 Article 144 of the Criminal Code means a person who is financially dependent on the offender (e.g. the victim is under the offender’s care; the offender provides living expenses to the victim; etc.) or mentally, professionally, educationally or religiously dependent on the offender (e.g. the victim works for the offender; the offender is the victim’s homeroom teacher or subject teacher; etc.).
Accordingly, a care-dependent in the composition of a sexual abuse crime is a person who is financially dependent on the offender (e.g. the victim is under the offender’s care; the offender provides living expenses to the victim; etc.) or mentally, professionally, educationally or religiously dependent on the offender (e.g. the victim works for the offender; the offender is the victim’s homeroom teacher or subject teacher; etc.).
What are the penalties imposed on crime of sexual abuse in Vietnam?
Pursuant to Article 143 of the 2015 Criminal Code (amended by Clause 25, Article 1 of the Law on amendments to the Criminal Code 2017), the crime of sexual abuse is currently prescribed with 3 penalty Brackets:
Bracket 1: Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' imprisonment.
Bracket 2: This offence committed in any of the following circumstances carries a penalty of 03 – 10 years' imprisonment:
- The offence is committed by more than one person against one person;
- The offence has been committed more than once;
- The offence is committed against more than one person;
- The offence is of an incestuous nature;
- The offence results in the victim's pregnancy;
- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;
- Dangerous recidivism.
Bracket 3: This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:
- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;
- The offender commits the offence in the knowledge of his HIV infection;
- The offence results in the death or suicide of the victim.
Note:If this offence is committed against a person aged from 16 to under 18, the offender shall face a penalty of 02 - 07 years' imprisonment.
A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.
The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Note: For sexual abuse of a person aged from 13 to under 16
- The person who commits the act may be examined for penal liability for the crime of raping a person from full 13 years old to under 16 years old - Article 144 of the 2015 Criminal Code (amended by Clause 26, Article 1 of the Law on amendments to the Criminal Code 2017).
- For cases that constitute a crime of raping a person from full 13 years old to under 16 years old, the person who commits the act may be subject to the following 3 penalty Brackets:
Box 1: Any person who employs trickery to make a person aged from 13 to under 16 who is his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 05 - 10 years' imprisonment.
Bracket 2: This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:
- The offence is of an incestuous nature;
- The offence results in the victim's pregnancy;
- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%;
- The offence has been committed more than once;
- The offence is committed against more than one person;
- Dangerous recidivism.
Bracket 3: This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:
- The offence is committed by more than one person against one person;
- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;
- The offender commits the offence in the knowledge of his HIV infection;
- The offence results in the death or suicide of the victim.
LawNet