Is there a death penalty for rape of children in Vietnam? Is child marriage considered as engaging in child sexual intercourse in Vietnam?

Is there a death penalty for rape of children in Vietnam?

Near my house, there was a shocking incident in the countryside, the story is that the neighbor is a friend of her parents' after many visits, when her parents sent her for him to take care, he used his phone and candy for hẻ to show depraved behavior (the child is now 11 years old), when her parents discovered and reported to the police, they knew he had done it many times. We are very upset about his personality, I think he should be excluded from this society soon, so please ask: Is child rape punishable by death?

(*****@gmail.com)

Reply:

Pursuant to the provisions of Article 142 of the Penal Code 2015 as amended by Clause 24, Article 1 of the Law amending the Penal Code 2017, the crime of raping a person under 16 years old is 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.

Thus, with the act of committing depraved acts of raping a child in some cases, they will be sentenced to life in prison to death. However, that must be clarified by the investigating agency, with that behavior, you can refer to the sanction levels as above in Vietnam.

Is child marriage considered as engaging in child sexual intercourse in Vietnam?

The story is that my brother was 20 years old, he took his girlfriend to meet my family for marriage because the two of them were in a relationship, everyone agreed, but it was not until the wedding day that my family knew that the girl was only 15 years old, but everything was prepared, so we still allowed the two to get married. After living for a few months, he and his wife had a conflict, so my brother beat her and sent her back to her mother's house. Now, the girl's family wants to sue my brother for violence and sexual intercourse with children. So please ask if the two people who were married and knew that it is illegal and considered child marriage, so will my brother be considered as sexual intercourse with children?

(****@gmail.com)

Reply:

Pursuant to the provisions of Article 145 of the Penal Code 2015, the crime of having intercourse or performing other sexual acts with a person from full 13 years old to under 16 years old is as follows:

1. Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence has been committed more than once;

b) The offence is committed against 02 or more people;

c) The offence is of an incestuous nature;

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

dd) The offence causes 31% - 60% WPI for the victim;

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

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence causes ≥ 61% WPI for the victim;

b) The offender commits the offence in the knowledge of his HIV infection.

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

Thus, the fact that the family knows that the girl is still underage and still organizes child marriage is wrong, violating the law under Article 183 of the Penal Code 2015 crime of organizing child marriage: any person who organizes a marriage entered into by a person under the marriageable age despite the fact that he/she has incurred a administrative penalty for the same offence shall be liable to a fine of from VND 10,000,000 to VND 30,000,000 or face a penalty of up to 02 years' community sentence.

In the case that your 20-year-old brother has a relationship with a 15-year-old girl, even though the two are completely voluntary, the act of having intercourse with him may be prosecuted for penal liability for the crime of engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16. Because in this crime, regardless of whether the victim voluntarily or is forced to have sex against his will, it constitutes a crime. And your brother can be imprisoned from 01 to 05 years in prison in Vietnam.

What is the difference between rape of children and child sexual intercourse in Vietnam? 

Hello, my name is Hoang My, a 3rd year student at Ton Duc Thang University. I'm very interested in studying criminal law, but now I'm in my 3rd year and I still don't know, I can't tell what is child rape and what is child sexual intercourse, can you guys help me with this? Or to be more specific: What is the difference between child rape and child sexual intercourse? Hope to hear from you soon. (0123***)

Reply:

Pursuant to the provisions of Articles 142 and 145 of the 2015 Penal Code, crimes of rape against children and sexual intercourse with children are prescribed as follows:

Differentiate between child rape and child molestation

Thus, as analyzed in the penalty frame of these two crimes, the act of child rape is more serious than the crime of sexual intercourse with children in Vietnam.

Above is the content of advice on the difference between the crime of child rape and the crime of child sexual intercourse. For more information, please refer to the Criminal Code 2015.

Best regards!