Child sex offenders could face the death penalty
(Baonghean.vn) - Recently, a series of child sexual abuse cases have caused public outrage and grief. Notably, some children have been sexually abused many times, over a long period of time, but they do not dare to speak up, or their families are confused about how to handle the case, causing the case to drag on, unintentionally creating conditions for criminals to be free and outside the law.
Nghe An Newspaper reporter had a conversation with Dr. Lawyer Nguyen Trong Hai - Head of Trong Hai & Associates Law Office about this issue.
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| Dr. Lawyer Nguyen Trong Hai. |
PV:Dear Lawyer, in many cases of child sexual abuse, the parents' inept handling of the situation unintentionally creates difficulties in the journey to bring the perpetrator to light. Having handled cases related to child sexual abuse, what advice do you have for families when they discover that their children show signs of abuse?
Dr. Lawyer Nguyen Trong Hai:In child sexual abuse cases, the victims are often young and mentally unstable, so it is difficult to get a statement. I think that parents need to calmly comfort and encourage their children to overcome their fear. Do not loudly urge or force them. The more gentle you are, showing a willingness to listen and always be there to help, the easier it will be to gain their trust.
In particular, parents should remember to skillfully record the conversation. If there are signs of injury on the child's body, take pictures. In case the child has just been sexually abused, causing injury to the private area, keep the underwear on and do not bathe the child for 24 hours. Take the child to a reputable medical facility for examination, and ask the doctor to initially check whether the injury was caused by sexual abuse or not.
It is difficult to stay calm and control the pain when knowing that your child has been abused, but parents must try to stay calm and take the above steps. Because that can be extremely important evidence and proof to help the journey to find justice more smoothly.
According to the provisions of the Law on Children 2016 (effective from July 1, 2017), a child is a person under 16 years old. Child sexual abuse is the use of force, threat of force, coercion, enticement, or enticement of children to participate in sexual acts, including rape, sexual assault, sexual intercourse, obscenity with children, and the use of children for prostitution or pornography in any form. |
PV:Many cases of child abuse occur in poor rural areas, where socio-economic conditions and the level of education are still limited. Many families know their children have been abused but do not know where to report it, and what legal procedures they need to follow to ensure their children's rights...
Dr. Lawyer Nguyen Trong Hai:This confusion and lack of understanding occurs quite often in child sexual abuse cases. There are even cases where the victims live in areas with strong backward customs and low education. When parents know about the story, they still have an attitude of avoidance, fear, and concealment for fear that the community will look down on and shun their children... This is what "helps" the "blue beard" subjects to act.
Reporting and handling procedures are not as difficult as many people imagine. The fastest way to ensure the children's legal rights and interests is for parents to send a complaint to the police station of the ward, commune, or town where they reside or where the incident occurred, asking them to accept and clarify their case. At the same time, request the authorities to request a forensic examination and take the child for examination.
Immediately after detecting signs of crime, the investigation agency will initiate a case and prosecute the accused; prosecution and trial will be carried out by the competent authority in accordance with the procedures of the Criminal Procedure Code.
During the investigation, if you encounter any difficulties, parents can contact agencies such as the Women's Union; Association for the Protection of Mothers and Children; press agencies or lawyers for legal advice and assistance, to help the case be handled according to the law.
Absolutely do not be secretive or shy, parents should bravely speak up with their children.
PV:When the abuse case comes to light, what penalties can the perpetrator face, lawyer?
Dr. Lawyer Nguyen Trong Hai:Regarding the provisions on criminal handling of child sexual abuse, Article 112 of the 1999 Penal Code stipulates the Crime of Child Rape, punishing rapists of children under 16 years old with the lowest penalty of 7 to 15 years in prison.
In all cases of sexual intercourse with children under 13 years of age, it is considered child rape and the offender is sentenced to 12 to 20 years in prison, life imprisonment or death.
In addition, the Penal Code also stipulates many crimes related to this behavior such as child rape, sexual intercourse with children, obscenity against children...
The 2015 Penal Code (which has not yet come into effect and is currently being consulted for amendments and supplements) also adds the crime of using people under 16 years old for pornographic purposes. Accordingly, the act of enticing, seducing, or forcing people under 16 years old to perform pornographic acts or directly witnessing pornographic acts is also a crime.
PV:Thank you Dr. Lawyer Nguyen Trong Hai!
Phuoc Anh
