05/08/2022 08:27

How to identify the molestation of children crime in Vietnam?

How to identify the molestation of children crime in Vietnam?

"Children today, the world tomorrow" is the most meaningful saying about children. Children are likened to young shoots, the future of humanity, so children are always protected by law and society in the most comprehensive way. However, some bad people cannot overcome their "bestiality" but abuse children in many forms such as: beating, tormenting, forcing hard work, ... and the most terrible thing is child sexual abuse.

Specifically, in Judgment 179/2017/HSPT dated April 20, 2017 of the People's Court of Ho Chi Minh City on the crime of child molestation.

“Around 14:10 on June 18, 2016, Nguyen Van L walked alone into Zone A Park X, Ward H, District I, and saw Le Tang Bao N (born May 21, 2007) sitting alone, so L arose the intention to perform lewd acts towards N. Then L approached to get acquainted, gave N 20,000 VND to buy drinking water and took N around the 23/9 park to play.

At about 16:30 on the same day, L led baby N to sit on an iron chair at area B, Park X, opposite 291 Street Y, Ward H, District I, then he carried N and placed him on his lap and spread N's legs apart, then use the left index finger of his left hand to insert N's vagina, while his right hand touched N's breasts several times. After that, L asked N to go to the men's bathroom and gave N 50,000 VND but N disagreed. At this time, Mr. Pham Minh L (Security of Park X) and Mr. Pham Quoc C (Police of Ward H) witnessed the incident, arrested L and brought him to the police headquarters of Ward H, District I, Ho Chi Minh City. Minh made a record of a red-handed crime."

Nguyen Van L committed lewd acts against  Le Tang Bao N. At the time Nguyen Van L committed the crime, Nguyen Van L was an adult and Bao N was only 9 years old and 27 days old. Nguyen Van L committed an act of trespassing on the chest and vulva of child N to satisfy his own sexual needs. Nguyen Van L committed a crime with direct objects are children's personal rights protected by law, which are the inviolable rights of children's sexuality, honor, dignity and comprehensive development.

Nguyen Van L's behavior has enough elements to constitute the crime of "Molestation against children", a crime and punishment specified in the Criminal Code.

So, what is the molestation of children? The crime of molestation of children under 16 years old is specified in Article 146 of the 2015 Criminal Code of Vietnam:

1. Any person who molests a person under 16 for purposes other than sexual intercourse or other sexual activities shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) Organized crime;

b) The offence has been committed more than once;

c) The offence is committed against 02 or more people;

d) The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

dd) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

b) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.”

Molestation of people under 16 are not only a violation of the criminal law but also a violation of "the right to protection of honor, dignity and reputation" under the 2015 Civil Code and article 6 of the 2016 Children Law of Vietnam about prohibited acts:

Article 6. Prohibited acts

1. Deprive children of right to life.

2. Neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children.

3. Involve in child sexual abuse, use violence against children, abuse or exploit children.

4. Organize, support, incite or force the child to engage in child marriage.

5. Use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person.

6. Prevent children from exercising their rights and responsibilities.

7. Fails to provide or conceal or preclude the provision of information concerning children who are abused or threatened to be exploited or suffered violence to their families, educational establishments or competent agencies and officials.

8. Discriminate against children on the grounds of their personal characters, family background, sex, race, nationality, belief or religion.

9. Sell or facilitate children in drinking alcohol or beer, smoking and using addictive substances or other stimulants, and unsafe foods which may cause harm to children.

10. Provide internet service and other services; produce, reproduce, release, operate, disseminate, possess, transport, store and trade in publications, toys, games and other products whose contents cause adverse influence on children’s healthy development.

11. Announce or disclose information about the privacy or secret of the child without the consent of the child who is enough 07 years old or older, or the consent of the child’s parent or guardian.

12. Make corrupt use of the child surrogate care to harm such child; take advantage of state policies and aid granted by organizations or individuals to seek private profit.

13. Build service facilities, production establishments or warehouses storing goods that cause environmental pollution, toxic chemicals or inflammables near facilities providing children protection services, educational establishments, health establishments, cultural establishments, children’s entertainment and amusement centers or vice versa.

14. Encroach or use facilities that serve children’s study, entertainment and other children protection services for purposes other than those regulated or illegal purposes.

15. Refuse, fail to perform or perform in insufficient untimely manner the support, intervention or treatment for children who are threatened to be or in peril, and whose body, honor or dignity are harmed.

Although the Law has clearly and strictly regulated this crime, this type of crime is still blatantly despite the increasing abuse of children. Therefore, parents should pay more attention to, care for and protect their children to avoid unfortunate cases like the story in the above judgment.

Thanh Ngan

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