Can Women Commit the Crime of Sexual Intercourse with a Minor?
Can Women Commit the Crime of Sexual Intercourse with Children?
Pursuant to Article 145 of the Penal Code 2015, which stipulates the crime of sexual intercourse or other sexual acts with persons from 13 years old to under 16 years old as follows:
- Anyone who is 18 years old or older and engages in sexual intercourse or other sexual acts with a person from 13 years old to under 16 years old, if not falling under the cases stipulated in Article 142 and Article 144 of this Code, shall be subject to imprisonment from 1 year to 5 years. The Penal Code 2015, as well as the guidance in Resolution 06/2019/NQ-HDTTP of the Judges' Council of the Supreme People's Court, does not exclude female offenders. The articles identify the offender as “anyone.”
Therefore, women can also be subjects of sexual crimes, including the crime of sexual intercourse or other sexual acts with persons from 13 years old to under 16 years old.
Handling the Crime of Sexual Intercourse or Other Sexual Acts with Persons from 13 Years Old to Under 16 Years Old
Pursuant to Article 145 of this Code, the penalty for this crime is stipulated as follows:
Anyone who is 18 years old or older and engages in sexual intercourse or other sexual acts with a person from 13 years old to under 16 years old, if not falling under the cases stipulated in Article 142 and Article 144 of this Code, shall be subject to imprisonment from 1 year to 5 years.
Committing the crime in one of the following cases shall be subject to imprisonment from 3 years to 10 years:
a) Committing the crime 02 times or more;
b) Against 02 or more persons;
c) Of an incestuous nature;
d) Causing the victim to become pregnant;
e) Causing injuries or harming the health of the victim with an injury rate of 31% to 60%;
f) Against a person whom the offender has the responsibility to care for, educate, or treat.
- Committing the crime in one of the following cases shall be subject to imprisonment from 7 years to 15 years:
a) Causing injuries or harming the health of the victim with an injury rate of 61% or more;
b) Knowing that one is HIV positive but still committing the crime.
- The offender may also be prohibited from holding certain positions, practicing certain professions, or doing certain jobs from 1 year to 5 years.
Sincerely!
