Intercourse with a 12-Year-Old Child: What is the Prison Sentence for a 14-Year-Old?
Based on Point b Clause 1 Article 142 of the Criminal Code 2015, it is stipulated that anyone who engages in intercourse or other sexual activities with a person under 13 years of age will constitute the crime of rape of a person under 16 years of age.
Based on Clause 2 Article 12 of this Code and Clause 3 Article 1 of the Amended Criminal Code 2017, individuals aged 14 and above are liable for criminal responsibility for the crime of raping a person under 16 years of age.
Therefore, in the case of a 14-year-old individual engaging in intercourse with a 12-year-old, they will be prosecuted for the crime of raping a person under 16 years of age.
To be specific: Point b Clause 1 Article 142 is as follows:
- Anyone who commits one of the following acts shall be sentenced to imprisonment from 07 years to 15 years:
a) Using force, threatening to use force, or taking advantage of the victim's inability to self-defend, or using other means to engage in intercourse or other sexual activities with a person aged from 13 to under 16 against their will;
b) Engaging in intercourse or other sexual activities with a person under 13 years of age.
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And Clause 2 Article 101 also stipulates: For individuals aged from 14 to under 16 who commit a crime, if the applied law prescribes life imprisonment or the death penalty, the highest punishment that can be applied shall not exceed 12 years of imprisonment; if it is a definite-term imprisonment, the highest punishment that can be applied shall not exceed half of the imprisonment term prescribed by the law.
Based on the above provisions, if a 14-year-old individual engages in intercourse with a 12-year-old and is prosecuted for this crime, they will be sentenced to imprisonment from 3.5 to 7.5 years.
Respectfully!
