Can a rape charge be pressed without filing of criminal charges in Vietnam?

Can a rape charge be pressed without filing of criminal charges in Vietnam?

In Clause 1, Article 155 of the 2015 Criminal Procedure Code , Clause 3, Article 1 of the Law amending the Criminal Procedure Code 2021, there are regulations on filing of criminal charges as per the crime victim’s petitions:

Article 155. Filing of criminal charges as per the crime victim’s petitions

1. Criminal cases regarding crimes specified in Clause 1, Articles 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Penal Code may only be initiated at the request of the victim or The victim's representative is a person under 18 years old, a person with mental or physical weakness, or a person who is deceased.

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The crime of rape is stipulated in Article 141 of the 2015 Criminal Code. According to the above regulations, rape cases can only be prosecuted at the request of the victim when they fall into the cases specified in Clause 1, Article 141 (amended by Clause 23 Article 1 Law amending the Criminal Code 2017 ), specifically:

"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."

If it falls under other Clauses in Article 141 of the 2015 Criminal Code, even if the victim does not request it, he or she will still press a criminal case according to the law. Therefore, it is necessary to consider which Clause of Article 141 the case of your daughter's rape falls under. If it does not fall into Clause 1, Article 141, then whether requested or not, the case will still be pressed.

Can a rape charge be pressed without filing of criminal charges in Vietnam? (Image from the Internet)

What is penalty for rape in Vietnam?

The crime of Rape is stipulated in Article 141 of the 2015 Criminal Code, Article 1 Law amending the Criminal Code 2017 specifically:

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.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

b) The offender commits the offence in the knowledge of his HIV infection;

c) The offence results in the death or suicide of the victim.

4. The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 shall face corresponding penalties specified in therein.

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, each specific case where a person commits rape will be subject to the above penalties in Vietnam.

Best regards!