In Vietnam: Shall anyone drugging the victim with alcohol to engage in rape be liable to criminal responsibility?

In Vietnam: Shall anyone drugging the victim with alcohol to engage in rape be liable to criminal responsibility?

Pursuant to Clause 8 Article 3 of the Resolution 06/2019/NQ/HĐTP stipulating crime determination circumstances regarding rape as follows:

8. “otherwise” in Clause 1 Article 141 and Clause 1 Article 142 of the Criminal Code refers to situations in which the offence involves actions such as poisoning the victim; drugging the victim with sleeping pills, anesthetics, alcohol or other strong stimulants that make the victim loses awareness or control over their acts to engage in sexual intercourse or other sexual activities; promising to allow the victim to graduate, attend school, participate in an overseas performance or competition to engage in sexual intercourse or other sexual activities.

As regulations above, anyone drugging the victim with alcohol to engage in rape shall be liable to criminal responsibility.

What is the minimum imprisonment sentence imposed on people committing rape in Vietnam?

Pursuant to Article 141 of the Criminal Code in 2015 (amended by Clause 23 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating 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.

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.

As regulations above, the minimum imprisonment sentence imposed on people committing rape in Vietnam is 2 years.

What are penalties for rape of a person under 16 in Vietnam?

Pursuant to Article 142 of the Criminal Code in 2015 (amended by Clause 24 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating rape of a person under 16 in Vietnam as follows:

1. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

a) Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

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

2. This offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:

a) The offence is of an incestuous nature;

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

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

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

dd) The offence has been committed more than once;

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

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

a) The offence is committed by an organized group;

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

c) The offence is committed against a person under 10;

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

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

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

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

Above are penalties for rape of a person under 16 in Vietnam.

Best regards!