Is Groping Others Subject to Criminal Prosecution?

Sexual harassment or molestation includes any teasing, flirting gestures, touching sensitive areas of the body, using sexual language, or displaying pornographic materials such as pictures, objects, computer screens, posters, emails, notes, and messages related to sex. Individuals who engage in molestation or sexual harassment may be subject to administrative penalties or criminal prosecution.

Molestation and sexual harassment in public places are considered acts that infringe on others' honor and dignity and can be administratively penalized for Violating public order regulations under Point a Clause 1 Article 5 of Decree 167/2013/ND-CP as follows: A warning or a fine of 100,000 VND to 300,000 VND for actions involving crude, provocative gestures or words, teasing, and humiliating others.

In reality, penalizing acts of molestation or sexual harassment in Vietnam is not prevalent, often overlooked since these acts do not usually cause severe consequences, and the impact is difficult to prove. Additionally, administrative penalties for such acts are merely fines of a few hundred thousand VND, insufficient to deter future offenses, leading to the frequent occurrence of "predators" in society.

Suppose in a public place such as a bus, you are molested by a stranger, you retaliate, and there is verbal altercation, causing public disorder. If the molester further engages in indecent behavior or language, causing panic and fear among surrounding people and significantly affecting public order and security, they may be criminally prosecuted for Disturbing public order under Article 245 of the Criminal Code 1999 as follows:

*"1. Anyone who disturbs public order causing severe consequences, or who has previously been administratively penalized for such acts or convicted of this crime, and has not had their conviction expunged, will be fined from one million VND to ten million VND, non-custodial rehabilitation for up to two years, or imprisonment from three months to two years.

2. Committing the crime in one of the following circumstances will result in imprisonment from two years to seven years:a) Using weapons or vandalizing acts;b) Organized crime;c) Causing serious traffic obstructions or disrupting public activities;d) Inciting others to disturb public order;e) Assaulting those who intervene to maintain public order;f) Re-offending dangerously."*

Moreover, if the molestation or harassment aims to humiliate the victim in public places, it may constitute the crime of "Insulting others" as regulated in Article 121 of the Criminal Code 1999 as follows:

*"1. Anyone who seriously infringes on the dignity and honor of another will be punished by a warning, non-custodial rehabilitation for up to two years, or imprisonment from three months to two years.

2. Committing the crime in one of the following circumstances will result in imprisonment from one year to three years:a) Repeated offenses;b) Offenses against multiple people;c) Abusing a position of authority;d) Offenses against a public duty performer;e) Offenses against someone providing education, upbringing, care, or medical treatment.

3. Offenders may be banned from holding certain positions or practicing certain professions for one to five years."*

The Labor Code 2012 stipulates that sexual harassment in the workplace is prohibited, and employees have the right to unilaterally terminate their labor contract if harassment occurs. According to the Code of Conduct on sexual harassment in the workplace in Vietnam, sexual harassment is understood as behavior of a sexual nature that affects the dignity of both women and men. This behavior is unacceptable, unwanted, and unreasonable, insulting to the recipient, and creates an unstable, frightening, hostile, and uncomfortable working environment. This can occur through actions like touching, fondling, pinching, even sexual assault or rape; or verbally through inappropriate, suggestive comments about sex; or gestures such as winks, displaying pornographic materials, etc. In the workplace, employers should establish policies on sexual harassment and maintain a healthy working environment, promptly detecting and addressing violations to ensure employees' peace of mind at work.

Sexual molestation and harassment are becoming societal issues. Therefore, appropriate measures must be taken against violators to protect citizens' legitimate rights and interests.

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