Collection of judgments on the crime of rape of persons under 16 years old in Vietnam

1. What are the fines for the crime of rape of persons under 16 years old in Vietnam?

According to Article 142 of the Ciminal Code Vietnam 2015 (amended in 2017), individuals committing acts of raping minors under 16 years old will face criminal prosecution under the following penalties:

- Basic penalty: imprisonment from 07 years to 15 years for one of the following cases:

+ Using force, threatening to use force, exploiting the victim’s inability to defend themselves, or using other deceitful measures to have intercourse or perform other sexual acts with individuals aged between 13 and under 16 against their will;

+ Having intercourse or performing other sexual acts with individuals under 13.

- Second penalty: imprisonment from 12 years to 20 years for one of the following cases:

+ Committing acts with incestuous nature;

+ Causing the victim to become pregnant;

+ Inflicting injuries, causing health injuries, or mental and behavioral disorders to the victim with a physical damage rate from 31% to 60%;

+ Committing acts on individuals under the care, education, or medical treatment of the perpetrator;

+ Committing crimes 02 times or more;

+ Involving 02 or more victims;

+ Dangerous recidivism.

- Third penalty: imprisonment of 20 years, life imprisonment, or death penalty for one of the following cases:

+ Organized crime;

+ Multiple offenders raping one victim;

+ Committing acts against individuals under 10 years old;

+ Inflicting injuries, causing health injuries, or mental and behavioral disorders to the victim with a physical damage rate of 61% or more;

+ Knowing they are HIV positive but still committing the crime;

+ Causing the victim's death or suicide.

Additionally, offenders may be prohibited from holding certain positions, practicing certain professions, or conducting certain jobs from 01 year to 05 years.

2. Collection of judgments on the crime of rape of persons under 16 years old in Vietnam

Judgment on the crime of raping a minor under 16 years old No. 22/2021/HSST

Level of adjudication: First instance

Adjudicating body: People's Court of Tien Du district, Bac Ninh province

Excerpt: Around 9:30 PM on July 23, 2021, at the grassy area 40 meters to the left of the entrance gate in Mr. Tran Duc T's H farm, born in 1959, located in Chi Dong hamlet, Tan Chi commune, Tien Du district, Bac Ninh province, Duong Ton T committed acts of sexual intercourse with Bui Thi Kim A, born on November 26, 2010, when Kim A was only 10 years, 7 months, and 27 days old.

On the same day, Mrs. T filed a report to the Investigative Police Agency of Tien Du District Police, and voluntarily handed over to the Investigative Police Agency: 01 red short-sleeve shirt, 01 blue denim shorts, and 01 yellow underwear that Kim A wore when being assaulted by T.

Judgment on the crime of raping a minor under 16 years old No. 23/2021/HSST

Level of adjudication: First instance

Adjudicating body: People's Court of Cam Thuy district, Thanh Hoa province

Excerpt: On November 1, 2020, Cao Dinh K exploited the naivety and lack of understanding of the victim, committing acts of sexual intercourse with Bui Thi Dieu T when T was under 13 years old. Around 7:00 PM on the same day, K and T returned to K's house and were greeted by K's mother, Mrs. Bui Thi L; shortly after, T's grandparents arrived at K's house to find and bring T back home; upon returning home, T recounted the entire incident to her grandparents, thus on November 2, 2020, T and her grandmother Bui Thi P reported the matter to the police.

Judgment on the crime of raping a minor under 16 years old No. 158/2022/HS-ST

Level of adjudication: First instance

Adjudicating body: People's Court of YT district, Nghe An province

Excerpt: At 14:30 PM on October 10, 2022, at the X5 guest house in block 3 of commune-level town YT, YT district, Nguyen Van L committed acts of sexual intercourse with Phan Thi Quynh Tr, born on July 23, 2010. At the time of intercourse, Phan Thi Tr was under 13 years old. Mrs. T suspected T of assaulting Kim A and requested T to come to her house for questioning. After Kim A recounted the incident, Mrs. T reported it to the police for resolution.

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