Reader Nguyen Minh Thanh asked:
I know that if you have sex with a minor (even if that person voluntarily) you will still be prosecuted for criminal responsibility.
I want to ask, in case of sexual intercourse with a minor, will it be criminally prosecuted for rape or rape? What constitutes rape and rape?
Regarding this, the Ministry of Public Security’s electronic information portal has specific information and replies.
Specifically, the act of rape is specified in Article 141 of the Penal Code and rape of a person under the age of 16 is specified in Article 142 of the Penal Code; forcible acts specified in Article 143 and rape once morest persons aged between full 13 and under 16 years specified in Article 144 of the Penal Code.
A minor under the Civil Law is a person under 18 years of age, and under the criminal law is called a person under 18 years of age. An act that is considered rape once morest a person under the age of 18 has objective factors expressed in 3 basic forms for recognition as follows:
One is to use force or threaten to use force immediately to have sexual intercourse once morest the will of the victim, that is, the offender uses physical force such as hitting, kicking, hugging, holding, wrestling, pressing, pinning, tying. … to perform their sexual acts once morest their will; Threatening to use force immediately means an act of intimidation or threat to use force such as: if you do not allow sexual intercourse, you will hit, kill, stab, throw into the water, etc. , or forced to let the subject have intercourse because there is no other way, defenseless.
Second, do not use physical strength but use other tricks such as taking advantage when the victim is drunk, beer, stimulant, poisoned, anesthetic; suffer from illness, disability, weakness, or loss of cognitive ability, self-defense ability, etc. to perform sexual acts; (For example, in a group of teenagers hanging out, having a gathering to drink beer, alcohol or use drugs, female friends are drunk, beer has no cognitive and self-defence ability, male friends take advantage of sex. scene to perform sexual intercourse or other sexual intercourse; or as a patient goes to a medical facility for medical examination and treatment, the medical staff finds that they are very weak, or are too young to be able to self-defense to take advantage of the act of intercourse or other sexual relations…).
The act of raping a person when they are under 10 years old will be subject to a very severe penalty frame as prescribed in Clause 3, Article 142, with a penalty of 20 years in prison, life in prison or the death penalty. Illustration.
Giving or forcing the victim to use stimulants such as alcohol, beer, drugs, or compressing aphrodisiacs and anesthetics into the victim’s food and water… to easily perform sexual acts is considered rape.
Third, all acts of intercourse or other sexual relations with a person under the age of 13, even without the use of force, without using other tricks, with their voluntary consent, including the act of buying sex (including either a boy or a girl) are considered guilty of raping a person under the age of 16.
The person who commits the act of rape, who is full 14 years old, can be criminally responsible.
Note that the act of raping a person when they are under 10 years old will be subject to a very strict penalty frame as prescribed in Clause 3, Article 142, with a penalty of 20 years in prison, life in prison or the death penalty.
Any act of sexual intercourse with a person who is 13 to under 16 years old, such as intercourse or other sexual relations, lewd, with their consent, voluntarily is still considered a crime of “sexual intercourse or sexual intercourse”. sexual intercourse with a person aged full 13 to under 16” or “lewdly with a person under the age of 16” is defined in Articles 145 and 146 of the Penal Code.
The act of rape is when the offender takes advantage of the victim’s dependent relationship with him, that is, they are “in a state of dependence” which is understood as the fact that a person is in a state of dependence on others. committing a crime in terms of material (provided, facilitated); may be dependent on the job (being a salaried employee, employee, student, etc.) of the offender, the offender threatens or coerces them to have sex or they will be affected. adversely affect work, salary, study…); dependence on belief and religion (being dependent on the spiritual and spiritual life that the victim is living in a religious field); or the offender learns of a victim’s weakness such as having a “hot” image of them and threatening otherwise to have sex spread, because of shame the victim is reluctant to let the subject have intercourse.
The threat here differs from the immediate threat in the act of rape in that the victim still has a choice, but they have to reluctantly agree because otherwise they will be disadvantaged by the offender, difficult to accept. Surname.
The act of rape, if the victim is 13 to under 16 years old, will be considered “rape with someone from full 13 to under 16 years old” with a higher penalty frame, and if they are under 13 years old, it will be considered rape. .