Chief Justice of the Supreme People's Court: Prevent child molestation but do not create barriers to social relationships

Chief Justice of the Supreme People's Court Nguyen Hoa Binh spoke to the press on the morning of May 27 on the sidelines of the 7th Session of the 14th National Assembly.

Regarding the Resolution guiding a number of articles of the Penal Code on rape and sexual assault (especially the draft Resolution providing detailed guidance on determining acts of sexual intercourse and child molestation), on the morning of May 27, speaking to the press on the sidelines of the 7th Session of the 14th National Assembly, Mr. Nguyen Hoa Binh - Chief Justice of the Supreme People's Court affirmed that there will be specific regulations and guidance to determine acts of molestation.

“The crimes of rape, sexual assault, sexual intercourse, and child molestation are always of great concern to society. When drafting the Penal Code, this issue should have been discussed more thoroughly in the National Assembly. According to the practice of many countries in the world, the identification of these acts is clearly stipulated in the Penal Code, without the need for guidance documents. However, currently, the National Assembly assigns the Supreme People's Court to implement the guidance resolution, and the Supreme People's Court will strictly implement it,” said Mr. Nguyen Hoa Binh.

According to the Resolution that the Supreme People's Court is drafting, the act of kissing sensitive parts and areas such as genitals, breasts, face, head, thighs, buttocks... on the body of a person under 16 years old without the purpose of sexual intercourse will be considered a crime of indecent assault.

“Everything is still a draft, not a final decision. According to the correct procedure, after having a draft, the relevant units will have to consult experts, scientists, and officials working in this field. When published publicly, the draft content has received a lot of attention from the public and the press,” the Chief Justice of the Supreme People’s Court emphasized.

Sharing more about this issue, Mr. Nguyen Hoa Binh said that this is only the first draft. The requirement is to ensure high accuracy, create a legal corridor for the fight against child sexual abuse but also not create barriers to normal social relationships.

According to Mr. Nguyen Hoa Binh, the guidelines of the Supreme People's Court's Judicial Council are often built on the reality of trials. "However, the Penal Code has only been in effect for more than a year. Trial practice is not enough to summarize the problems and issue a Resolution. We have summarized the cases that have been tried, consulted international experience when drafting, and issued regulations, ensuring that they are consistent with Vietnam's fine customs and legal traditions," Chief Justice Nguyen Hoa Binh affirmed.

In addition, Mr. Nguyen Hoa Binh said that there are still many legal gaps that need to be further supplemented and clarified in the next drafts, such as the provisions on incest. Regarding this issue, the first draft mentioned the aspect of blood relations. However, in reality, Vietnam's social ethical tradition considers the issue of incest on a broader scale (considering the relationship between a stepfather and his wife's stepchild, father-in-law and daughter-in-law...).

In the draft, the Supreme People's Court has clearly stated the cases that are considered to be the crime of molestation against people under 16 years old as prescribed in Article 146 of the Penal Code. Accordingly, molestation is one of the acts aimed at satisfying the sexual needs of the offender, but not for the purpose of having sexual intercourse or performing other sexual acts with people under 16 years old.

Obscene acts include: Touching, squeezing, kissing sensitive parts and areas such as genitals, breasts, face, head, thighs, buttocks... on the body of a person under 16 years old. Enticing or forcing a person under 16 years old to touch, squeeze, or kiss sensitive areas on the body of the offender or another person.

Intentionally touching one's body parts or using objects to impact sensitive body parts or areas of a person under 16 years old is also an act of indecent assault.

Obscene acts can be committed directly or indirectly, for example through clothing.