The case of a 9th grade girl suspected of being raped: What to do if the target group is underage?

The highest penalty for rape can be death

Regarding the case schoolgirl Class 9 is suspected of collective abuse occurring in Chieng Khoang commune (Quynh Nhai district, Son La province), currently, the police have identified 4 subjects with abusive behavior and 2 subjects using mobile phones. video again.

It is noteworthy in the case that both the victim and the suspects are underage. So according to the law, how can the subjects be handled?

Talking to reporters about the above situation, Dr. Lawyer Dang Van Cuong (Hanoi Bar Association) said that the investigative agency can prosecute a criminal case for crimes against humanity. Rape a person under the age of 16, because the act of taking advantage of the defenseless victim to commit unwanted sexual acts is rape.

Dr. Lawyer Dang Van Cuong.

Acts of taking advantage of the victim’s defenseless state due to drunkenness, illness, drug use or other objective reasons to perform sexual acts with them, this is a criminal act. rape specified in Article 141 of the Penal Code.

In case of committing the act of raping a person under 16 years old, the violator will be penalized for the crime of Rape of a person under 16 years old according to Article 142 of the Penal Code.

In Clause 1, Article 142, a person who commits one of the following acts: Using force, threatening to use force or taking advantage of the victim’s defenseless state or other tricks to have sexual intercourse or perform the act. having sex with a person from full 13 years old to under 16 years old against their will; Having intercourse or performing other sexual acts with a person under the age of 13 shall be sentenced to between 7 and 15 years of imprisonment.

According to Clause 2 of the regulations, the crime is committed in one of the following cases: Incestuous in nature; Make the victim pregnant; Committing the crime twice or more; For 2 or more people… the prison term is 12 – 20 years.

Rape with a person under the age of 16 is a serious violation of the law. The highest penalty can be life imprisonment or death for adult offenders (according to Clause 3).

For minors who commit rape with people under 16 years old, the maximum penalty can be up to 18 years in prison.

What about offenders under the age of 16?

The investigating agency will verify the date, month and year of birth of the victim to clarify the age of the victim as a basis for considering liability for violators in accordance with the law.

If by the time the victim is raped, he is under 16 years old, the subjects who commit the rape in this case will be examined for penal liability for the crime of raping a person under 16 years old according to the law. Article 142 of the Penal Code mentioned above.

Photos of the incident were circulated on social media.

If the victim is 16 years old at the time of performing the unwanted sexual act, these subjects will still be criminally handled for rape according to Article 141 of the Penal Code.

With the act of organized rape with the victim under the age of 16 or many people raping a person, the offender will face the highest penalty frame of this crime, which is 20 years in prison, life in prison or death. Figure.

In this case, the perpetrators of the act of raping the victim are also minors (the penal code is called people under the age of 18), so according to the law, the case of convicting people This will not apply the penalty of life imprisonment or death.

Juvenile offenders can only be imprisoned for a limited time, but will also enjoy the leniency policy of juveniles in accordance with the law. Accordingly, those from 16 to under 18 years old committing crimes will be sentenced to not more than 18 years in prison and not more than 12 years in prison for those aged full 14 but under 16 years old.

In addition, the subjects in the case may also be handled for the act of spreading depraved cultural products if this image is recorded and distributed to many people.

“This is a very unfortunate incident when the children are too young, lack life skills, lack parental care and supervision, and the habits and drinking habits of upland people. The victim is very large, the consequences are long-lasting, can affect the future and happiness of the victim.

However, the subject of the crime is also a person under 18 years of age, and committed the act while being stimulated by alcohol, so it is a pity. These subjects will be subject to legal sanctions and also a lesson for disrespecting the honor and dignity of others, disregarding the law. This is also a lesson for parents in managing their children, in fun, and in using alcohol.” Lawyer Cuong expressed his opinion.

Accordingly, on April 14, Quynh Nhai District Police received a report from Mr. TVC (SN 1984, residing in Muong Giang village, Muong Giang commune) about the fact that, on March 20, his daughter is V. (SN 2007) went with LTC (SN 2007, residing in Kieu Hat village, Muong Giang commune) to Chieng Khoang commune to drink alcohol.

After drinking, V. was taken by his friends to LVL’s house (SN 2007, living in Hau village, Chieng Khoang commune) to sleep.

Taking advantage of the drunkenness of the female student, the subjects LVL, NVT, BCT together (SN 2007) and TVT (SN 2006, both residing in Chieng Khoang commune) committed sexual abuse and used cell phones to record the incident. above.

After the video was released, on April 12, V.’s family discovered that they had made a report, Quynh Nhai District Police to settle.

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