What are elements of the crime of child rape in Vietnam? Which judgments in Vietnam are related to this crime?

What are elements of the crime of child rape in Vietnam?

According to the provisions of Article 1 of the Law on Children 2016 regarding the age of children:

Article 1. Children

Children are persons under 16 years of age.

Simultaneously, Clause 1, Article 37 of the Constitution 2013 also stipulates regulations on children as follows: Children are protected, cared for, and educated by the State, family, and society; they are allowed to participate in matters concerning children. It is strictly forbidden to infringe upon, mistreat, abuse, neglect, exploit labor, and any other acts that violate children's rights.

Below are the elements of the crime of child rape:

Object Aspect: The victim is a person under 16 years of age.

Objective Aspect: The crime of raping a person under 16 is divided into two categories.

- Case 1: For victims aged from 13 to under 16.

- Case 2: For victims under 13, the act of rape includes two instances: the first instance involves the perpetrator using force, threatening to use force, or other means to engage in intercourse or other sexual activities against the will of a person under 13 (similar to the situation for those aged 13 to under 16 mentioned above). The second instance for those under 13 simply requires the act of engaging in intercourse or other sexual activities (without the need for force, threats, or other means).

Subjective Aspect: Intentional fault.

Subject Aspect: A person with full legal responsibility and at least 16 years old.

Regarding the sentencing framework:

- Basic Level: Imprisonment from 7 to 15 years for any of the following cases:

+ Using force, threatening to use force, exploiting the victim's inability to self-defend, or using other means to have intercourse or perform other sexual activities with someone aged 13 to under 16 against their will;

+ Engaging in intercourse or other sexual activities with a person under 13.

- Second Level: Imprisonment from 12 to 20 years for any of the following circumstances:

+ Incestuous nature;

+ Causing the victim to become pregnant;

+ Causing injury, health damage, or psychiatric disorder and behavioral disturbance in the victim with a body injury rate of 31% to 60%;

+ Committing the crime against a person for whom the offender is responsible for care, education, or medical treatment;

+ Repeated offense on two or more occasions;

+ Against two or more people;

+ Dangerous recidivism.

- Third Level: 20 years of imprisonment, life imprisonment, or death penalty in any of the following instances:

+ Organized crime;

+ Multiple offenders raping one victim;

+ Against a person under 10 years old;

+ Causing injury, health damage, or psychiatric disorder and behavioral disturbance in the victim with a body injury rate of 61% or more;

+ Knowing they are HIV-positive and still committing the crime;

+ Causing the victim to die or commit suicide.

- Additional Penalties: The offender may also be prohibited from holding certain positions, practicing certain professions, or doing certain jobs for 1 to 5 years.

What are judgments related to child rape in Vietnam?

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