Is raping person used to be daughter-in-law considered raping with an incestuous nature in Vietnam?

Is raping person used to be daughter-in-law considered raping with an incestuous nature in Vietnam?

Pursuant to Article 4 of the Resolution 06/2019/NQ-HĐTP stipulating penalty determination circumstances as follows:

1. The offence is “of an incestuous nature” in Point e Clause 2 Article 141, Point a Clause 2 Article 142, Point d Clause 2 Article 143 and Point a Clause 2 Article 144 of the Criminal Code means the offence is committed against:

a) a person related to the offender by consanguinity, blood sibling or half-sibling; or

b) the offender’s aunt, uncle, niece or nephew; or

c) the offender’s adopted child or adoptive parent; or

d) the offender’s step-child or step-parent; or

dd) the offender’s daughter-in-law, son-in-law or parent-in-law.

2. The offence is “committed more than once” in Point c Clause 2 Article 141, Point dd Clause 2 Article 142, Point b Clause 2 Article 143, Point d Clause 2 Article 144, Point a Clause 2 Article 145, Point b Clause 2 Article 146 and Point b Clause 2 Article 147 of the Criminal Code means the offender has committed the offence more than once but has yet to face a criminal prosecution and the prescriptive period for criminal prosecution remains effective.

3. The rape is “committed by more than one person against one person” in Point c Clause 2 Article 141 and Point b Clause 3 Article 142 of the Criminal Code means the case where 02 or more people rape 01 person, including the case where 02 or more people discuss and reach an agreement on taking turns to rape 01 person but, due to reasons not intended by the offenders, only 01 person successfully commits the rape.

The rape is not “committed by more than one person against one person” if 02 or more people jointly aid and abet 01 person to commit it. This case is considered as complicity.

4. The sexual abuse is “committed by more than one person against one person” in Point a Clause 2 Article 143 and Point a Clause 3 Article 144 of the Criminal Code means the case where 02 or more people sexually abuse 01 person, including the case where 02 or more people discuss and reach an agreement on taking turns to sexually abuse 01 person but, due to reasons not intended by the offenders, only 01 person successfully commits the sexual abuse.

The sexual abuse is not “committed by more than one person against one person” if 02 or more people jointly aid and abet 01 person to commit it. This case is considered as complicity.

As regulations above, raping person used to be daughter-in-law cannot be considered raping with an incestuous nature in Vietnam. Only raping daughter-in-law can be considered raping with an incestuous nature.

What are criminal responsibilities for violation of raping with an incestuous nature 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, a penalty of 07 - 15 years' imprisonment shall be imposed for violation of raping with an incestuous nature in Vietnam. The imprisonment sentence will depend on the decision of the court depending on the nature, extent and specific behavior.

Shall Vietnamese citizens committing raping outside territory of Vietnam face criminal responsibility in accordance with the law in Vietnam?

Pursuant to Article 6 of the Criminal Code in 2015 stipulating effect of the Criminal Code on criminal offences committed outside the territory of the Socialist Republic of Vietnam as follows:

1. Any Vietnamese citizen or Vietnamese corporate legal entity that commits an act outside the territory of Socialist Republic of Vietnam which is defined as a criminal offence by this document shall face criminal prosecution in Vietnam as prescribed by this document.

This clause also applies to stateless residents of Vietnam.

2. Any foreigner or foreign corporate legal entity that commit a criminal offence outside the territory of Socialist Republic of Vietnam shall face criminal prosecution as prescribed by this document if such offence infringes the lawful rights and interests of Vietnamese citizens or interest of Socialist Republic of Vietnam or under a international agreement to which Vietnam is a signatory.

3. Where a criminal offence or its consequence occurs on an airplane or sea-going vessel that does not have Vietnamese nationality at sea or outside Vietnam's airspace, the offender shall face criminal prosecution under an international agreement to which Vietnam is a signatory, if any.

As regulations above, Vietnamese citizens committing raping outside territory of Vietnam shall face criminal responsibility in accordance with the law in Vietnam.

Best regards!