What is rape? What are the penalties for the crime of rape in Vietnam?

1. What is rape?

According to Clause 1, Article 141 of the Criminal Code 2015 (amended 2017), rape is the act of any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities.

What is rape? What are the penalties for the crime of rape in Vietnam? (Internet image)

2. What are the penalties for the crime of rape in Vietnam?

Article 141 of the Criminal Code 2015 (amended 2017) the crime of rape in Vietnam as follows:

- Any person who uses violence or threatens to use violence or takes advantage of the victim's defenselessness or other tricks to engage in non-consensual sexual intercourse or other sexual activities shall face a penalty of 02 - 07 years' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The offence is committed by an organized group;

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

+ 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.

- This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life 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.

- The offence committed against a person aged from 16 to under 18 carries a penalty of 05 - 10 years' imprisonment.

A person commits the offence in any of the circumstances specified in Clause 2 or Clause 3 of Article 141 of the Criminal Code 2015 (amended 2017) shall face corresponding penalties specified in therein.

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

3. Details of the crime of rape in Vietnam

Article 3 of Resolution 06/2019/NQ-HDTP stipulates the details of the crime of rape as follows:

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.

- Sex aid means an item specifically manufactured for the purposes of sexual activities (e.g. artificial penis, artificial vagina, etc.) or another object that is used for sexual activities.

- 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 include tricks 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.

Nhu Mai

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