Crime of raping a person under 16 years old under Vietnam's Criminal Code

Crime of raping a person under 16 years old under Vietnam's Criminal Code (Source: internet)

1. What is rape of a person under 16?

According to Clause 1, Article 142 of Vietnam's Criminal Code 2015 (amended 2017), the acts of rape of a person under 16 include:

- 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.

- Engaging in sexual intercourse or other sexual activities with a person under 13.

In there:

- “Sexual intercourse” means the penetration of a male reproductive organ into a female reproductive organ regardless of the depth of penetration.

Sexual intercourse with a person under 10 does not necessarily involve penetration.

-  “Other sexual activities” means the penetration of a male reproductive organ, one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the mouth or anus of another person of the same sex or different sex regardless of the depth of penetration. To be specific:

+ Insertion of a male reproductive organ into the mouth or anus of another person;

+ Insertion of one of the other body parts (e.g. finger, toe, tongue, etc.) or a sex aid into a female reproductive organ or the anus of another person.

- “Take advantage of the victim’s defenselessness” means the offender takes advantage of one of the following situations to engage in sexual intercourse or other sexual activities with the victim:

+ The victim is defenseless (e.g., the victim has an accident, is unconscious, tied, disabled, etc.);

+ The victim partially or completely loses awareness or control over their acts (e.g. the victim is under influence of alcohol, sleeping pills, anesthetics, narcotic substances, tranquilizers or other stimulants, is mentally incapacitated or suffers from another disease, etc. leading to partial or complete loss of awareness or control over their acts).

- Other tricks refers to situations in which the offence involves actions such as poisoning the victim; drugging the victim with sleeping pills, anesthetics, alcohol or other strong stimulants that make the victim loses awareness or control over their acts to engage in sexual intercourse or other sexual activities; promising to allow the victim to graduate, attend school, participate in an overseas performance or competition to engage in sexual intercourse or other sexual activities.

- “Non-consensual” refers to situations in which the victim does not consent or is unable to consent to the offender’s deliberate act of sexual intercourse, or is indifferent towards such act.

2. Penalties for rape of a person under 16 years old according to Vietnam's Penal Code

The crime of raping a person under the age of 16 is specified in Article 142 of Vietnam's Code 2015 (amended 2017) with the following penalty frame:

* Frame 1:

A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

- 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.

- Engaging in sexual intercourse or other sexual activities with a person under 13.

* Frame 2:

This offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:

- The offence is of an incestuous nature;

- The offence results in the victim's pregnancy;

- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;

- The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;

- The offence has been committed more than once;

- The offence is committed against more than one person;

- Dangerous recidivism.

* Frame 3:

This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

- The offence is committed by an organized group;

- The offence is committed by more than one person against one person;

- The offence is committed against a person under 10;

- The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as ≥ 61%;

- The offender commits the offence in the knowledge of his HIV infection;

- The offence results in the death or suicide of the victim.”.

* Additional penalties:

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

Diem My

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