3 steps should be taken before engaging in a sexual intercourse
Quite a few people have been put in jail because of unlawful sexual intercourse. In this article, I want to advise you about 3 steps to be taken before deciding to have sex with the intention of helping everybody eliminate legal risks, seize freedom and happiness for yourselves and your families. This article is based on the 2015 Criminal Code (amended and supplemented in 2017) that commences on January 1, 2018 and other relevant legislative instruments.
Step 1. Identifying your partner’s age
Step 1. Identifying your partner’s age
Partner’s
age
|
Things
you should know
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Under
13 years old
|
Any
sexual intercourse with this partner is prohibited. If you have sex with that
partner, you will be liable to criminal prosecution for the crime of rape
that involves a person under 13.
Legal
basis: Point b Clause 1 Article 142 of the 2015 amended Criminal Code.
|
From
13 to under 16 years old
|
Any
sexual intercourse with this partner is prohibited. If you have sex with that
partner, you will be liable to criminal prosecution for the crime of sexual
intercourse or other sexual activities with a person aged from 13 to under
16.
Legal
basis: Clause 1 Article 145 of the 2015 Criminal Code.
|
At
least 16 years old
|
Any
sexual intercourse with this partner may be allowed. However, step 2 and 3
above must be observed.
|
Step 2. Identifying your partner’s voluntariness
Partner’s
attitude
|
Things
you should know
|
Involuntarily
and forcibly engaging in a sexual intercourse
|
Any
sexual intercourse in this case is prohibited. If you engage in a sexual
intercourse in this case, you will face criminal prosecution for the crime of
sexual abuse.
Legal
basis: Article 143 of the 2015 Criminal Code.
|
Totally
unwilling to engage in a sexual intercourse
|
Any
sexual intercourse in this case is prohibited. If you engage in a sexual
intercourse in this case, you will face criminal prosecution for the crime of
rape.
Legal
basis: Article 141 of the 2015 Criminal Code.
|
Absolutely
willing to engage in a sexual intercourse
|
Any
sexual intercourse with this partner may be allowed. However, step 3 above
must be observed.
|
Step 3. Avoiding being charged with the bigamy
If you fall into this situation, you will face criminal prosecution for the bigamy. Legal basis: Article 182 of the 2015 Criminal Code.
Article 182. Bigamy
1. Any married person who marries or cohabits with another person, any unmarried person who marries or cohabits with another person in the knowledge that he/she is already married and in any of the following circumstances shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment:
a) The offence results in the divorce of one or both parties;
b) The offender has incurred an administrative penalty for the same offence.
2. This offence committed in any of the following circumstances carries a penalty of 06 - 36 months' imprisonment:
a) The offence results in the suicide of the spouse or child of either party;
b) The court has issued a decision on dissolution of the marriage or compulsory termination of the cohabitation but the offender still defies such decision.
Note:
Cohabitation
refers to a married person cohabiting with another person, or an unmarried
person cohabiting with a person in the knowledge that he/she is already
married, irrespective of whether openly or secretly but living together like
a family.
A
child born to cohabiting parents is an evidence for this cohabitation; [make sure that a CONTRACEPTIVE is used
in this situation]
Their
neighbors and society consider cohabitants as a married couple;
They
own common property and continue that relationship even when being educated
by the entities or associations of which they are members, etc.
Read
further at the article "In which cases would the bigamy not be subject
to any penalty?
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Reading in Vietnamese: 03 bước cần làm trước khi quan hệ tình dục
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