In light of the situation where numerous child molestation cases are occurring with complex developments, making the application of the law difficult, the Supreme People's Court has recently drafted a definition of what constitutes "molestation" and "other sexual acts."
The document currently being developed by the Supreme People's Court is the Draft Resolution guiding the application of Articles 141, 142, 143, 144, 145, 146, and 147 of the Criminal Code 2015, which specifically stipulates acts of "indecency" and "other sexual acts" as follows:
Indecency as stipulated in Clause 1, Article 146 of the Criminal Code, includes one of the following acts aimed at satisfying the sexual desires of the offender, but not with the purpose of intercourse or performing other sexual acts with a person under 16 years old:
- Touching, squeezing, kissing sensitive parts or areas (e.g., genitals, chest, face, head, thighs, buttocks, etc.) on the body of a person under 16 years old;
- Inducing or forcing a person under 16 years old to touch, squeeze, kiss, etc., sensitive parts or areas (e.g., genitals, chest, face, head, thighs, buttocks, etc.) on the body of the offender or another person;
- Intentionally touching parts of one's own body or using objects to impact sensitive parts or areas on the body of a person under 16 years old (e.g., genitals, chest, face, head, thighs, buttocks, etc.).
The acts of touching, squeezing, kissing, or impacting sensitive parts or areas can be carried out directly or indirectly (e.g., through clothing).
Other sexual acts as stipulated in Clause 1, Article 141, Clause 1, Article 142, Clause 1, Article 143, Clause 1, Article 144, and Clause 1, Article 145 of the Criminal Code are sexual acts other than intercourse but still aim to satisfy the sexual desires of the offender (e.g., the offender uses hands, feet, tongue, mouth, sexual devices, or any other tools to stimulate the victim’s vagina, penis, or anus, or the offender inserts his/her genitals into the mouth or anus of the victim to satisfy sexual needs).
See detailed content at Draft Resolution guiding Articles 141, 142, 143, 144, 145, 146, and 147 of the Criminal Code 2015.
Duy Thinh