Official definition of molestation shall be effective in Vietnam from November 5, 2019

Resolution 06 provided a specific definition of molestation. Molestation is defined as direct or indirect physical contact with the body of a person under 16 years old of a sexual nature but not intended for intercourse, including the following behaviors:

- Using genitalia, sensitive parts to touch, rub, or grind with the genitalia, sensitive parts, or other parts of a person under 16 years old;

- Using hands, feet, mouth, tongue, etc., to caress, touch, squeeze, pinch, kiss, lick, etc., the genitalia or sensitive parts of a person under 16 years old;

- Using sex toys to touch, rub, or grind with the genitalia or sensitive parts of a person under 16 years old;

- Luring or coercing a person under 16 years old to use other parts of their body to caress, touch, squeeze, pinch, kiss, lick, etc., the sensitive parts of the perpetrator or another person;

- Other sexual acts such as kissing on the mouth, neck, ear, nape, etc., of a person under 16 years old.

Therefore, if behaviors of a sexual nature such as kissing or caressing a person under 16 years old occur, it may be sufficient to constitute the crime of molestation.

Illustrative image (Source: internet)

However, Resolution 06 also stipulates that criminal prosecution for molestation will not apply to non-sexual acts in the following cases:

- Parents bathing and cleaning children under 10 years old; preschool teachers bathing and cleaning preschoolers;

- Doctors examining and treating patients; providing first aid or emergency aid to accident victims, etc.

Details can be found at Resolution 06/2019/NQ-HDTP effective from November 5, 2019.

Thanh Lam

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