Is voluntary relationship with a girlfriend who is at least 16 years old subject to criminal prosecution?

Engaging in sexual intercourse with a person who is 16 years old can constitute the following offenses:

Case 1: The crime of rape as stipulated in Article 141 of the 2015 Criminal Code, amended by Clause 23, Article 1 of the revised Criminal Code of 2017.
Accordingly: "Anyone who uses force, threatens to use force, or takes advantage of the victim's inability to defend themselves or uses other means to have intercourse or engage in other sexual acts against the will of the victim shall be subject to imprisonment for 2 to 7 years."

To determine whether engaging in sexual activity with a person who is 16 years old constitutes the crime of rape, the following elements must be ensured:

- The offender is at least 14 years old and has criminal liability capacity.- Direct intentional fault.- Objective behavior: The act of having intercourse or engaging in other sexual acts against the will of the victim, carried out by using force, threatening to use force, taking advantage of the victim's inability to defend themselves, or by other means.

- Acts of intercourse against the will: The victim does not consent to the intercourse and resists the act. The victim is in a state of inability to defend themselves or express their will.- Other sexual acts against the will of the victim: For example, oral intercourse, anal intercourse, or using other means to affect the victim's sexual organs.

- The acts mentioned above are carried out by one of the following means:

- Using force: Employing physical strength to overcome the resistance of the victim, countering the offender's acts such as pushing, wrestling, holding, strangling, etc.- Threatening to use force: Intentionally paralyzing the will of the victim, rendering them unable to resist the offender's acts. For example, threatening to kill, threatening to cause injury, etc.- Other means: For example, using anesthetics, getting the victim drunk, using stimulants to have intercourse, etc.

- The crime is considered complete from the moment intercourse or other sexual acts occur, regardless of whether the intercourse or other sexual acts are completed.

Case 2: The crime of coercion as stipulated in Article 143 of the 2015 Criminal Code:

Accordingly: "Anyone who uses any means to coerce someone dependent on them or someone in distress to reluctantly have intercourse or reluctantly engage in other sexual acts shall be subject to imprisonment for 1 to 5 years."

To determine whether engaging in sexual activity with a person who is 16 years old constitutes the crime of coercion, the following elements must be considered:

- The offender is at least 14 years old and has criminal liability capacity.- The crime is committed with direct intentional fault.- Criminal behavior: The offender uses different means to coerce the dependent person or a person in distress to reluctantly have intercourse or reluctantly engage in other sexual acts.- The victim of the crime is a person who is at least 16 years old and is dependent on the offender or is in a state of distress.

- Dependent persons: Could be dependent in work (the relationship between superiors and subordinates; supervisor and employee, etc.); economic dependency (the relationship between the caregiver and the person being cared for, etc.)...- Persons in distress: The victim is in a difficult situation that requires support from others.- The offender takes advantage of the dependent relationship or distress situation to control the victim's thoughts; forcing the victim to reluctantly have intercourse or reluctantly engage in other sexual acts by means such as:

- Threatening: Threatening to transfer jobs, terminate employment contracts, disclose unfavorable information, etc.- Promising: Promising a better job position, higher income, etc.

- The victim reluctantly engages in intercourse: The victim does not want to have intercourse but is forced to accept due to threats or control. In this case, the victim considers before accepting to engage in intercourse.

=> Engaging in sexual intercourse with a person who is 16 years old can constitute one of the two aforementioned crimes if the constitutive elements of the crime are satisfied.

Therefore, based on the information provided: You (18 years old) and your girlfriend (17 years old) engage in sexual intercourse, it is insufficient to determine whether this sexual activity is subject to criminal liability.

- If there is no dependent relationship between the two of you, and both parties fully voluntarily engage in sexual intercourse without any coercion or threats, then there will be no criminal liability.- Conversely, if your sexual activity meets all the constitutive elements of one of the two aforementioned crimes, then criminal liability will be pursued.

Sincerely!