Is it permissible for the court to request the victim to describe the crime in details regarding the hearing of a sexual abuse case whose victim is under 18 in Vietnam?

Is it permissible for the court to request the victim to describe the crime in details regarding the hearing of a sexual abuse case whose victim is under 18 in Vietnam?

Pursuant to Article 7 of the Resolution 06/2019/NQ-HĐTP stipulating organization of settlement of a sexual exploitation or abuse case whose victim is under 18 as follows:

1. Regarding the time limit for settlement of a sexual exploitation or abuse case whose victim is under 18:

a) Summary procedures shall be implemented for the cases that satisfy the requirements prescribed in the law on criminal procedures;

b) Other cases shall be brought to trial within ½ of the time limit permitted by the law for the corresponding cases.

2. Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, the Court shall:

a) Conduct a secret trial and pronounce the sentence publicly according to regulations of Article 327 of the Criminal Procedure Code. When pronouncing the sentence, the trial panel shall read only the ruling section of the sentence document;

b) Assign a judge who possesses knowledge or experience in settlement of cases related to persons under 18;

c) The Judge shall adopt the workplace dress code of the People’s Court, excluding the robe, when hearing the case;

d) Hear the case in a friendly courtroom as prescribed in the Circular No. 01/2017/TT-TANDTC dated July 28, 2017 and Circular No. 02/2018/TT-TANDTC dated September 21, 2018 by the Chief Justice of the Supreme People’s Court;

dd) Ensure the participation of a representative, guardian or person protecting the legitimate rights and interests of the person under 18.

3. Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, depending on specific conditions and situations, the Court shall follow these instructions:

a) Avoid summoning the victim if the case could be settled via other measures (e.g. using the victim’s testimony from the investigation or prosecution stage; inviting the victim to the Court or another lawful location to give a testimony in writing or have the testimony recorded by a sound recorder, camcorder, etc.).

b) If the victim has to be summoned to the hearing, the Court shall assist the victim in becoming acquainted with the Court's environment and the proceedings; and provide a separate room and electronic devices (e.g. microphone, loudspeaker, television, camera, etc.) to protect the victim’s mental state when they give a testimony or participate in the hearing; if a separate room could not be arranged, the victim may be seated in the courtroom and separated from the defendant by a screen, and the distance between the trial panel and the victim shall not exceed 03 meters.

c) Questions for the victim shall be suitable for their age, development stage, education level and knowledge. The questions shall be concise, clear, simple and comprehensible; not involve too many matters at the same time; serve to clarify the case’s facts and not to draw up a discussion. A question for a victim under 10 shall not exceed 10 words and each questioning time shall not exceed 01 hour.

d) Use a diagram or model of the human body with its parts numbered for the victim to identify the body parts involved in the offence.

dd) Any question from the defendant to the victim must be transferred to the defense counsel or trial panel and be asked by such defense counsel or trial panel.

4. Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, the Court shall not:

a) Request the victim to describe the crime in details;

b) Ask any question that is of a criticizing, threatening, shaming or offending nature to the victim;

c) Permit conversation between the victim and the defendant in the hearing;

d) Identify the body part(s) involved in the offence by asking the victim to directly point at the body part(s) of themselves or another person;

dd) Permit the defendant to directly question the victim;

e) Force the victim to stand in the hearing;

g) Publicize the sentence document or the Court’s decision relating to the case on the Court’s portal.

5. The Court shall consider and request competent authorities and persons to implement appropriate protective measures according to regulations of Chapter XXXIV of the Criminal Procedure Code at the request of the victim, the victim’s family or a competent authority/organization to protect the life, health, honor, dignity, belongings and other legitimate rights and interests of the victim and/or the victim’s family.

6. Other regulations of Chapter XXVIII of the Criminal Procedure Code; guidelines in the Circular No. 02/2018/TT-TANDTC dated September 21, 2018 by the Chief Justice of the Supreme People’s Court; Joint Circular No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21, 2018 by the Supreme People’s Procuracy, Supreme People’s Court, Ministry of Public Security, Ministry of Justice and Ministry of Labor, War Invalids and Social Affairs and other relevant guiding documents shall be complied with.

As reuglations above, the law does not allow the court to request the victim to describe the crime in details regarding the hearing of a sexual abuse case whose victim is under 18 in Vietnam. Therefore, your niece don't have to describe the crime in details.

In Vietnam: What is the imprisonment sentence imposed on the offender, who commits rape to people under 16 and makes the victim pregnant?

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 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.

3. This offence committed in any of the following circumstances carries 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 causes ≥ 61% WPI for the victim.

dd) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

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

g) 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.

As regulations above, anyone committing rape to people under 16 and making the victim pregnant shall face a penalty of 12 – 20 years' imprisonment. The specific penalty will be decided by the court depending on the nature, severity and offense.

In Vietnam: Is the case of raping people under 16 considered filing of criminal charges as per the crime victim’s petitions?

Pursuant to Article 155 of the Criminal Procedure Code in 2015 (amended by Clause 3 Article 1 of the Law on amendments to the Criminal Procedure Code in 2021) stipulating filing of criminal charges as per the crime victim’s petitions as follows:

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155 and 156 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

2. If the petitioner withdraws his petition for charges, the lawsuit shall be dismissed. If such person is evidently found to withdraw the petition against his will out of coercion or duress, the investigation authority, Procuracy or Court shall maintain the charges regardless of the petition for withdrawal.

3. The crime victim or its representative is not permitted to resubmit a petition withdrawn, unless such withdrawal results from coercion or duress.

As regulations above, the case of raping people under 16 is not considered filing of criminal charges as per the crime victim’s petitions in Vietnam.

Best regards!