Distinguishing Rape, Sexual abuse, Molestation, and Engaging in sexual intercourse according to the Law in Vietnam

1. Similarities

- Rape, sexual abuse, molestation, and engaging in sexual intercourse are all crimes that fall into the category of offenses against the life, health, dignity, and honor of individuals, specifically related to sexual assault;

- The offenders' fault is intentional fault.

2. Differences

Illustration (Source: Internet)

Notably, recently the Council of Judges of the Supreme People's Court has issued Resolution 06/2019/NQ-HDTP guiding the application of regulations on sexual assault crimes under the Criminal Code. The Resolution defines several crucial terms as follows:

- First, “engaging in sexual intercourse” is the act of inserting the male genital organ into the female genital organ to any degree. Sexual intercourse with individuals under 10 years old is considered accomplished regardless of the extent of penetration.

- Second, “other sexual acts” are acts between individuals of the same sex or opposite sexes, including inserting the male genital organ into another person's mouth or anus; using fingers, toes, tongue, or sexual tools to insert into the female genital organ or another person's anus.

- Third, “molestation” involve physical contact, either directly or indirectly, with individuals under 16 years old by individuals of the same or opposite sex, including the following actions:

+ Using genital organs or sensitive parts to touch, rub, or grind against the genital organs, sensitive parts, or other body parts of individuals under 16;

+ Using hands, feet, mouth, tongue, etc., to caress, touch, grip, pinch, kiss, or lick the genital organs or sensitive parts of individuals under 16;

+ Using sexual tools to touch, rub, or grind against the genital organs or sensitive parts of individuals under 16;

+ Enticing, forcing individuals under 16 to use other body parts to caress, touch, grip, pinch, kiss, or lick the sensitive parts of the offender or another individual;

+ Other acts of a sexual nature such as kissing on the mouth, neck, ears, nape, etc., of individuals under 16.

- Fourth, “taking advantage of the victim's inability to self-defend” means the offender exploits the victim's condition such as being in an accident, unconscious, tied up, disabled, etc., leading to the inability to resist; the victim being intoxicated, under sleeping pills, anesthetics, stimulants, having mental illnesses or other conditions, leading to a limited or lost ability to perceive or control behavior.

- Fifth, “other strategies” include methods like poisoning the victim; giving the victim sleeping pills, anesthetics, alcohol, or other strong stimulants, causing the victim to lose the ability to perceive or control behavior; promising benefits like graduation, study opportunities, competitions, or performances abroad to engage in sexual intercourse or other sexual acts.

- Sixth, "against the victim's will” means the victim does not consent, is passive, or unable to express their intent against the offender's deliberate sexual acts.

- Seventh, “dependent person” and “in a state of dependence” refer to situations where the victim is nurtured or financially supported daily by the offender; the victim is an employee working for the offender; the victim is a student in a class taught by the offender as a homeroom teacher or subject teacher.

- Eighth, "in a desperate situation” refers to cases like lacking money for severe illness treatment or to ransom a kidnapped child.

"From November 5, 2019, the guidelines of Resolution 06/2019/NQ-HDTP will officially come into practice. This facilitates the application of the law and differentiation of sexual assault crimes more easily and accurately." - Opinion of Lawyer Bui Tuong Vu, Chairman of the board of members of Lawnet.

Thanh Lam

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