LIJDLR

ENHANCING VICTIM PROTECTION THROUGH THE CRIMINALIZATION OF RAPE IN VIETNAMESE LAW AND SELECTED ASEAN COUNTRIES

Nguyen Thi Binh, PhD, Head of Academic Affairs for the Undergraduate Program, University of Law, Hue University, Hue City, Viet Nam

Bui Thi Thuan Anh, PhD, University of Law, Hue University, Hue City, Viet Nam

Sexual violence presents a continuing challenge for criminal justice systems because the quality of victim protection depends not only on the severity of criminal penalties, but also on how the offence is defined, how consent is assessed, how evidence is collected, how victims are treated throughout proceedings, and whether effective recovery and compensation mechanisms exist. In Viet Nam, the Penal Code 2015, as amended, criminalizes rape, rape of a person under 16 years of age, sexual coercion, sexual coercion of a person from 13 to under 16 years of age, and other sexual offences. Resolution No. 06/2019/NQ-HDTP further explains key concepts and introduces important child-victim safeguards. Nevertheless, the Vietnamese model still separates non-consensual sexual conduct according to enumerated methods of coercion and dependency, while many international standards increasingly place the absence of freely given consent at the center of the definition of rape. Victim-support safeguards are also most developed for persons under 18, leaving a less specialized framework for adult rape victims. This article uses doctrinal analysis, comparative law and secondary-source analysis to examine Viet Nam alongside selected ASEAN comparators, particularly Singapore and the Philippines. It focuses on five connected dimensions: the actus reus and consent element; age-based protection; aggravating circumstances and penalties; procedural safeguards and evidentiary practice; and compensation and support. The comparison shows that Singapore expressly uses lack of consent for its core penetrative sexual offences, while the Philippines combines circumstance-based rape provisions with a statutory-rape threshold of 16 and a dedicated Rape Victim Assistance and Protection Act. The article states the position under the legislation currently in force in each jurisdiction, including the prohibition of the death penalty in the Philippines since 2006. The article argues that stronger victim protection in Viet Nam should proceed through a consent-centered reform of rape law, broader trauma-informed safeguards for adult as well as child victims, clearer evidentiary guidance that avoids stereotypes about resistance, and a dedicated public mechanism for crisis support and victim compensation. These measures would strengthen accountability while preserving the presumption of innocence and the requirement that criminal liability be proved according to law.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 2790–2819.
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