How to understand “other sexual activities” in accordance with Vietnam’s regulations?

“Other sexual activities” are defined in Articles 141, 142, 143, 144, 145, 146, 147 of the Criminal Code 2015, amended in 2017 of Vietnam. According to this Code, “other sexual activities” are applied for the crime of rape and sexual abuse. According to Clause 2 Article 3 of Resolution No. 06/2019/NQ-HĐTP of the Council of Justices the Supreme People’s Court of Vietnam, crime determination circumstances of “other sexual activities” are guided as follows”:

“Other sexual activities” 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 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:

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

2. 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.

In which, biological terms are explained as follows:

- “Reproductive organ” means a male or female reproductive organ. The male reproductive organ is the penis; the female reproductive organs include the vulva and vagina.

- “Other body part” means any body part beside the reproductive organs and private parts (e.g. arm, leg, mouth, tongue, nose, nape, neck, abdomen, etc.).

- “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.

Based on the above guidelines, it is first necessary to confirm that “other sexual activities” are not the act of “sexual intercourse”, because “sexual intercourse” means the penetration of a male reproductive organ into a female reproductive organ regardless of the depth of penetration. As for "other sexual activities", the law no longer discriminates between objects, which may be of the same or opposite sex, in addition, penetration is not limited to the genitals, but is extended to include other organs or sex aids.

The addition of "other sexual activities" to the crimes of rape and sexual abuse is completely reasonable, in order to meet the requirements of fighting and preventing this type of crime in the current development situation.

Hoa Hong

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE