Punishment for the man who repeatedly raped his two daughters in Ba Ria-Vung Tau

The police investigation agency of Ba Ria-Vung Tau province prosecuted the case, prosecuted the accused, detained Nguyen Tan Tai (40 years old, residing in Long Dien district, Ba Ria – Vung Tau) for the crime of “rape of a person”. under 16 years old”.

Tai and Ms. T (39 years old) got married and gave birth to 2 daughters, M (17 years old) and N (10 years old). From 2015 to April 2022, when M was alone at home, Tai repeatedly performed sexual acts. At the police station, Tai confessed to having sex with M about 30 times. With N, from about February-May 2022, Tai had 11 sexes with him.

On May 8, the children dared to tell their mother about being abused by Tai many times. Frustrated by her husband’s depraved behavior, Ms. T went to the police station to report the incident. At the investigation agency, Tai confessed to the whole act of raping his 2 daughters.

Subject Tai at the police station (photo TL)

According to Dr. Dr. Dang Van Cuong – Chief of the Chinh Phap Law Office (Hanoi Bar Association), this is an incident that shakes public opinion and deserves condemnation. Few people think that such depraved, dehumanizing behavior can take place in a civilized society today. Acts as denounced content are a heinous crime, it not only seriously violates social ethics but also violates many prohibitions of the law. Therefore, violators will have to pay with the strictest sanctions of the law.

Starting from the testimony of the two victims, the children’s mother filed a crime report, the investigative agency intervened and arrested the depraved father. Initially, the subject admitted to the crime, consistent with the victim’s testimony. The investigating agency will conduct sexual forensic examination to collect traces and evidence as a basis for determining the truth to solve the case in accordance with the law.

If the suspect’s confession is consistent with the witness’s testimonies, with the results of the sexual forensic examination and the traces left on the scene, the subject’s behavior satisfies the crime of “rape.” prostitution of a person under 16 years of age” according to Article 142 (Personal Code 2015) with many details framing the aggravation of penal liability such as: Committing the crime twice or more; committing a crime with two or more people; commit crimes against people under 10 years old; incestuous behavior…

“The law strictly forbids the act of having sex between people with the same bloodline for three direct generations. The act of having sex between a father and a child is prohibited by law, because it has an incestuous nature. This behavior Violators not only violate the law but also seriously violate social ethics, corrupt traditional moral values, and affect the education and character formation of children. not only must be severely punished by the law, but also strongly condemned by society”, Dr. Ls Cuong analysis.

Dr. Dang Van Cuong said that in this case, it also shows the shadow of the mother’s responsibility

Also according to lawyer Cuong, people under the age of 16 will not have a full awareness of themselves, about sex, and their bodies have not fully developed yet. Therefore, the act of having sex with a person under the age of 16 not only affects reproductive health, but also affects thinking, perception, moral and personality education, and causes many negative consequences for women. society.

Vietnamese law prohibits sexual relations between an adult and a person aged between full 13 and under 16. In case of voluntary sexual relations between an adult and a person under 16 years old, the adult will be examined for penal liability for the crime of “Having intercourse or performing other sexual acts.” with people from full 13 years old to under 16 years old” according to Article 145 (Personal Code 2015).

In this case, the investigating agency will clarify at what age the victim is at the time of the first sexual act. If the victim is under the age of 13, even if it is voluntary sex, this act is also an act of “rape of a person under 16 years old”. If the victim is less than 10 years old at the time of performing the sexual act, this is a framing circumstance for aggravating criminal liability. The offenders will face a maximum penalty of 20 years in prison, life imprisonment or death according to Clause 3 (Article 142, Penal Code).

The victim’s initial testimony and the accused’s confession, the sexual act took place when the victim was about 10 years old. If this testimony is true, the investigating agency only needs to prove that there is a sexual act to be enough grounds to charge “Rape a person under 16 years old” without having to prove the act of sex. in this case it is against the will.

In case the investigation fails to prove that there was a sexual act when the victim was under 13 years old, the investigating agency must collect documents and evidence to prove that the sexual act was against her will during this period. When the victim is from full 13 years old to under 16 years old, this subject can be handled for the crime of “Rape under 16 years old”.

In case the investigation shows that at the first sexual intercourse, the victim is already full 10 years old, but the act is determined as “criminal with 02 people”, “criminal 02 or more times”, the act “Having an incestuous nature”, this subject will also face a severe penalty frame of imprisonment from 12 to 20 years as prescribed in Clause 2 (Article 142, Penal Code 2015).

In addition to the crime of raping a person under the age of 16 with an incestuous nature under Article 142 of the Penal Code, this subject also committed an act of raping grandson M. when the victim was full 16 years old, this subject was also handled for one more crime. “Rape” according to the provisions of Clause 2 (Article 141, Penal Code) with the framed circumstances as “incestuous in nature”; “criminal with two or more people”; “committing the crime twice or more”…with the penalty of imprisonment from 07 years to 15 years.

Even if the perpetrator is subject to the strictest sanctions of the law, the damage that this subject has caused to the victim will not be able to compensate. Therefore, functional agencies and local authorities need to have measures and solutions to help and support. During the proceedings, it is also necessary to assign officers with experience and good skills in handling cases related to children, in order to minimize the damage to the children’s spirit.

This case also shows the shadow of the mother’s responsibility. For this to happen for many years, many times with two such children, but the mother did not find out in the process of taking care of and taking care of the children, this is also a very reprehensible and condemnable behavior. This is a lesson for parents in educating their children, protecting them, especially in preventing the risk of sexual abuse in children.

In case the children are of school age, but the teachers and the school do not detect the unusual behavior of the children, it is also a shortcoming that needs to be learned in time to avoid similar incidents. happen.

Dr. Ls Cuong shared: “Through this incident, it shows that the work of protecting and educating children and protecting children’s rights in this locality still has limitations. The sex education and propaganda are popular. Legal education on children’s rights, skills to protect children when being sexually abused need to be further strengthened to avoid heartbreaking cases.

For children living in special family situations such as lack of father, mother, unhappy family, parents who are alcoholics or drug addicts, it requires responsibility, attention and supervision of the government. local authorities and mass organizations to ensure the safety of the children.

With cases of child sexual abuse like this, agencies and organizations with the task of protecting children need to urgently step in to take measures to intervene, provide legal and psychological support. and life for the children in order to promptly coordinate with the authorities in detecting and handling crimes and soon stabilize the psychological and health life of the children”.