Penalties for the crime of rape under the Criminal Code in Vietnam

Penalties for the crime of rape under the Criminal Code in Vietnam (Source: Internet)

1. What is rape?

According to Clause 1, Article 143 of Vietnam's Criminal Code 2015 (amended 2017), rape is the act of employing trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities.

“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.

-  “care-dependent" means a person who is financially dependent on the offender (e.g. the victim is under the offender’s care; the offender provides living expenses to the victim; etc.) or mentally, professionally, educationally or religiously dependent on the offender (e.g. the victim works for the offender; the offender is the victim’s homeroom teacher or subject teacher; etc.).

- “person in extreme need” means a person who is in an extremely difficult or urgent situation that cannot be relieved without the assistance of another person (e.g. lack of money to treat a fatal disease; lack of money to pay for ransom for child; etc.).

(Article 3 of Vietnam's Resolution 06/2019/NQ-HDTP)

2. Penalties for rape under the Criminal Code in Vietnam

The crime of rape is specified in Article 143 of Vietnam's Criminal Code 2015 (amended 2017) with the following penalty frame:

* Frame 1:

Any person who employs trickery to make his care-dependent or a person in extreme need to reluctantly engage in sexual intercourse or other sexual activities shall face a penalty of 01 - 05 years' imprisonment.

* Frame 2:

This offence committed in any of the following circumstances carries a penalty of 03 – 10 years' imprisonment:

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

- The offence has been committed more than once;

- The offence is committed against more than one person;

- 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%;

- Dangerous recidivism.

* Frame 3:

This offence committed in any of the following circumstances carries a penalty of 10 - 18 years' imprisonment:

- 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.

* Committing the crime against a person from full 16 years old to under 18 years old:

Forcing a person from full 16 years old to under 18 years old, the offenders shall be sentenced to between 2 and 7 years of imprisonment.

Committing the crime in one of the cases specified in Clauses 2 or 3 of Article 143, they shall be sanctioned according to the penalties specified in those Clauses.

* Additional penalties:

Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for between 01 and 05 years.

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE