Currently, sexual abuse of children under 13 is becoming more and more common, and in many cases, it is committed by family members. Protecting these vulnerable people is not only a moral obligation but also a legal responsibility of each individual and the community. In this article, Apolo Lawyers will analyze the related legal situations so that readers can understand the specific legal regulations for each act. If you need consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or call our hotline at (+84) 903 419 479 for the quickest advice.

1. What should you do when you know that your child has been abused?

• Protect the safety of children: First and foremost, you need to ensure the physical and mental safety of your child. Try to prevent any further contact with the abuser and take your child to the safest place possible.
• Seek legal intervention: Report the incident immediately to the local police or legal advice agency to begin the criminal process. This is very important to protect not only your child but also the community from the risk of further harm from the abuser.

• Provide psychological and medical support for the child: After reporting the incident, it is necessary to provide the child with professional psychological support and medical treatment if necessary. This helps to reduce the psychological consequences and ensure the child has the best recovery environment.

• Cooperate closely with the authorities: Always be ready to cooperate and provide accurate and complete information to the authorities investigating and prosecuting the case. This helps to ensure fairness in the legal process and increase the ability to bring the abuser to justice.
• Seek support from social organizations and the government: In addition to legal support, support from social organizations such as the Center for Legal Support for Women and Children, child protection organizations may be needed to provide additional appropriate support and counseling services.

What should you do if your relative abuses your child under 13?

2. What crimes can be prosecuted for molesting children under 13 years old?

In the case of a molested person under 13 years old, the defendant of act of molestation may satisfy the following crimes: Rape of a person under 16 years old (Article 142); Rape (Article 143); Obscenity against a person under 16 years old (Article 146); ...
Each crime will have different constituent signs and penalties. During the investigation of the case, the police investigation agency will base its findings on the acts, evidence, and statements to determine the crime. For the crime of rape, the investigating police agency needs to prove that the aggressor used force such as restraining, tying hands and feet, gagging, threatening with words, gestures, etc.

Unlike the crime of rape, for the crime of sexual assault, the investigating agency needs to prove that the victim is in a state of dependence on the aggressor. Here, if the aggressor is a family member, the victim of state of dependence may include:

+ Material dependence: due to being raised and cared for

+ Hierarchical dependence: The aggressor is a father, uncle, stepfather, etc., who is older or has a higher position.

What should you do if your relative abuses your child under 13?

Handling and resolving this case requires courage and comprehensive support from the surrounding community. Do not hesitate to seek help and support when necessary, because that is the way to protect and help your child have the opportunity to recover and develop in a safer and healthier way.

Child abuse is a serious crime and is strictly dealt with under the provisions of the Vietnamese Penal Code. This provision aims to protect and ensure the safety of children, thereby raising social awareness of this issue and promoting measures to prevent child abuse in the community.

APOLO LAWYERS