When the other partner is forced to engage in sexual intercourse, can the spouse be prosecuted for rape in Vietnam?

When the other partner is forced to engage in sexual intercourse, can the spouse be prosecuted for rape in Vietnam?

Hello, I have a question: Can a spouse be prosecuted for rape when forced to engage in sexual intercourse? Look forward to your feedback soon. Thank.

Reply:

According to the provisions of Article 19 of the Law on Marriage and Family 2014, there are provisions on husband and wife attachment:

1. Husband and wife have the obligations to love, be faithful to, respect, attend to, care for, and help each other and share family work.

2. Unless otherwise agreed by them or due to requirements of their occupations, work or study, or participation in political, economic, cultural or social activities or for another plausible reason, husband and wife have the obligation to live together.

Clause 1, Article 141 of the 2015 Penal Code is amended by Clause 23, Article 1 of the Law amending the 2017 Penal Code, which stipulates the crime of rape:

1. Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

Thus, although sex can be considered one of the important factors to maintain a marital relationship in Vietnam. However, the subject of the crime of rape does not exclude the person who committed the act and has a marital relationship with the victim. Therefore, if a spouse uses force, threatens to use force... to force the other person to have sexual intercourse against their will, depending on the nature and extent, they may be prosecuted for criminal liability for the crime of rape.

However, it should be noted that: A criminal case for rape can only be prosecuted at the request of the victim or the victim's representative who is under 18 years old, a person with mental or physical weaknesses, or deceased (Article 155 of the 2015 Criminal Procedure Code as amended by Clause 3, Article 1 of the Law amending the 2021 Criminal Procedure Code).

The spouse can withdraw the request for prosecution. If the request for prosecution has been withdrawn, he or she has no right to request again unless there are grounds to determine that this person withdrew the request due to coercion.

Can father-child relationship be canceled in Vietnam?

I watched a movie and in the movie there was a situation like this:

Two families with pregnant women and giving birth at the same time (only 2 minutes apart) in the same hospital, the same room. Due to a mistake by the nursing staff, the two wrong children were given to their parents. I wonder if when they grow up, if the father finds out that it's not his child, can he cancel the relationship? Thank you very much.

Reply:

Pursuant to Article 88 of the 2014 Law on Marriage and Family, there are specific provisions as follows:

1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.

2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.

Thus, when the father does not recognize his child, he needs to provide evidence (DNA test sample) to request the Court to determine in Vietnam.

In case, DNA results are father and son, the Court considers and declares not to cancel the relationship.

If we are in an in-law relationship, is it forbidden to get married in Vietnam?

My girlfriend and I have known each other for more than 3 years and we plan to get married. Because my girlfriend is your wife's niece, we're worried about whether we can get married? I heard that people who are related or in-laws in the family are not allowed to marry each other. I hope you guys can give me some advice.

Reply:

Article 8 of the 2014 Law on Marriage and Family stipulates conditions for marriage as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

At Points a, b and d, Clause 2, Article 5 of the 2014 Law on Marriage and Family, marriage is prohibited in the following cases:

2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

Thus, according to regulations in Vietnam, it is forbidden to marry people of the same direct blood line; between relatives within three generations. In this case, you and your girlfriend are not related by blood or relatives. Accordingly, you two can completely marry each other if you do not violate other prohibitions of the law.

Best regards!