Can a person who has committed rape get married in Vietnam?

Can a person who has committed rape get married in Vietnam?

Pursuant to Article 8 of the 2014 Law on Marriage and Family, there are regulations on conditions for getting married 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.

According to Clause 2, Article 5 of the 2014 Law on Marriage and Family, 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;

dd/ Demanding property in marriage;

e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

h/ Domestic violence;

i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

Thus, according to the above regulations in Vietnam, the law does not prohibit a person who has committed rape from marrying, so if this person fully meets the conditions as prescribed above, he will be allowed to marry your sister.

Can a person who has committed rape get married in Vietnam? (Image from the Internet)

How many years of imprisonment for rape that results in the victim's pregnancy in Vietnam?

Pursuant to Clause 1, Clause 2, Clause 5, Article 141 of the 2015 Criminal Code as amended by Clause 23, Article 1 of the Law amending the 2017 Criminal Code, there are provisions on rape as follows:

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.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

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

c) The offence is committed by more than one person against one person;

d) The offence has been committed more than once;

dd) The offence is committed against more than one person;

e) The offence is of an incestuous nature;

g) The offence results in the victim's pregnancy;

h) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

i) Dangerous recidivism.

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

According to this Article, a person who commits rape and causes the victim to become pregnant will be sentenced to between 7 and 15 years in prison in Vietnam. In addition, the offender may also be banned from holding certain positions, practicing certain professions or doing certain jobs from 01 year to 05 years.

Best regards!