The development of technology has brought many benefits. Young people have the opportunity to have early exposure to mobile phones and social networks, but since then there have also been many situations of "early love". Therefore, are offenders under 16 years old prosecuted for criminal liability in Vietnam?
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Crime of raping a person under the age of 16: Are offenders under 16 years old prosecuted for criminal liability in Vietnam? (Illustration)
According to the Criminal Code 2015, amended in 2017, the issue is stipulated as follows:
1. Criminal liability age in Vietnam:
Persons from full 14 years old to under 16 years old must bear criminal liability for very serious crimes, especially serious crimes specified in one of the Articles of this Law, according to Clause 2, Article 12 of the Criminal Code 2015, amended in 2017.123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304
2. Regulations for the crime "Raping a person under 16 years old" in Vietnam:
For cases where the accused is under 16 years old, Article 142 of the Criminal Code 2015 provides as follows:
- The offence committed in any of the following circumstances carries a penalty of 7 to 15 years' imprisonment:
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Using force, threatening to use force, or taking advantage of the victim's defenseless state or other tricks to have intercourse or perform other sexual acts with a person between 13 and 16 years old, contrary to their will;
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Having intercourse or perform other sexual acts with a person under the age of 13.
- The offence committed in any of the following circumstances carries a penalty of 12 – 20 years' imprisonment:
- The offence is of an incestuous nature;
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The offence results in the victim's pregnancy;
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The offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed as 31% - 60%;
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The offence is committed against a person for whom the offender is responsible for providing care, education or medical treatment;
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The offence has been committed more than once;
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The offence is committed against more than one person;
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Dangerous recidivism.
3. Criminal liability if the person committing the crime is under 16 years old:
-If the person who commits the crime is under 14 years old: they shall not be prosecuted criminal liability.
-If the person committing the offense is from full 14 years old to under 16 years old:
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For victims from full 13 years old to under 16 years old, it must be determined that having intercourse against the victim's will;
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For victims under the age of 13, whether or not the victim agrees to have sexual intercourse, the offender will still be examined for penal liability for the crime of "rape of a person under 16 years old."
The fact that the law stipulates that a victim under the age of 13 must agree to let the offender have sexual intercourse does not mean that this act of intercourse is still considered a child rape offense, based on the following argument:
Children under the age of 13 are still very immature, weak, unable to properly express their will, easily manipulated, lured, bribed by others, and unable to defend themselves. Children should be protected in a special way to ensure their normal, healthy development. Therefore, it is necessary to severely punish the sexual abuse of children.
Thus, the maximum sentence that a person under 16 years of age must bear when committing the crime of "rape under 16 years of age" is 20 years in prison. However, it is necessary to consider many details of the case along with the age and perception of the offender to apply the appropriate punishment.
Legal basis:
