THỜI HIỆU TRUY CỨU TRÁCH NHIỆM HÌNH SỰ ĐỐI VỚI TỘI GIAO CẤU VỚI TRẺ EM / STATUTE OF LIMITATIONS FOR

Legal Situation: In 2019, C (25 years old) engaged in sexual intercourse with D (14 years old), resulting in D becoming pregnant. D’s family discovered the incident but did not report it to the authorities. Later, the families of both parties held a wedding ceremony for C and D, although the marriage was not officially registered. In 2025, due to personal conflicts, D’s family filed a criminal complaint against C with the competent authorities for the offense of sexual intercourse with a minor.

FDVN’s Opinion:

Thanks for trusting and sending a question to FDVN Law Firm (“FDVN”). FDVN would like to provide the following information in response after studying the legal regulations: 

In the event that your inquiry lacks sufficient information to determine whether the sexual intercourse between C and D was conducted with D’s voluntary consent, FDVN provides the following two-pronged legal analysis:

• If C (25 years old) engaged in sexual intercourse with D (14 years old), such conduct demonstrates signs of the offense of “sexual intercourse with a person aged from 13 to under 16”. Article 145 of the Criminal Code 2015 on Engaging in sexual intercourse or other sexual activities with a person aged from 13 to under 16: “Any person aged 18 or over who engages in sexual intercourse or other sexual activities with a person aged from 13 to under 16 in circumstances other than those specified in Article 142 and Article 144 hereof shall face a penalty of 01 - 05 years' imprisonment…” In cases where the offender causes the victim to become pregnant, the act falls within the penalty bracket of 03-10 years’ imprisonment, and the highest penalty bracket prescribed under this Article ranges from 07-15 years’ imprisonment. The offender may be subject to supplementary penalties, including prohibition from holding certain positions, prohibition from practicing certain professions, or prohibition from performing certain types of work for a period of one 01-05 years.

According to Article 9 of the Criminal Code 2015 amended and supplemented by Clause 2 of Article 1 of Law on amendments to the Criminal code no. 100/2015/QH13, “Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.” Therefore, the offense of sexual intercourse or other sexual acts with a person aged from 13 to under 16 is classified as a very serious crime under the provisions of Vietnamese criminal law.

Pursuant to Point c, Clause 2, Article 27 of the Criminal Code 2015, which provides for the statute of limitations for criminal prosecution, the limitation period for very serious crimes is fifteen (15) years.

Accordingly, in the case under consultation, C and D voluntarily engaged in sexual intercourse in 2019. By 2025, a period of six (06) years has elapsed since the commission of the act. Therefore, if the act is discovered and there are sufficient grounds to establish the constituent elements of the crime, criminal prosecution may still be initiated, as the case remains within the 15-year statute of limitations.

• D (14 years old) was coerced or forced by C to engage in sexual intercourse, such conduct constitutes the offense of rape of a person under 16 years of age

It is stipulated in Article 142 of the Criminal Code 2015 that “1. A person who commits any of the following acts shall face a penalty of 07 - 15 years' imprisonment:

a) Use of violence or threatens to use violence or takes advantage of the victim's defenselessness or otherwise engages in non-consensual sexual intercourse or other sexual activities with a person aged from 13 to under 16.

b) Engaging in sexual intercourse or other sexual activities with a person under 13.

…

Depending on the nature and severity of the act, the offender may be subject to the maximum penalty of up to twenty (20) years’ imprisonment, life imprisonment, or the death penalty.

Pursuant to Clause 4, Article 9 of the Criminal Code 2015 amended and supplemented by Clause 2 of Article 1 of Law on amendments to the Criminal code no. 100/2015/QH13, “Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.”

This offense is classified as a particularly serious crime, and pursuant to the provisions of Article 27 of the Criminal Code, the statute of limitations for criminal prosecution of particularly serious crimes is twenty (20) years. Accordingly, given that the act occurred in 2019 and is discovered or reported in 2025, the case remains within the 20-year limitation period. Therefore, if there is sufficient evidence to establish the elements of the offense, the offender shall still be subject to criminal liability for such conduct.

This is FDVN's legal opinion regarding your inquiry, based on the study of relevant legal provisions. We hope this opinion is helpful to you.

Lawyer Phạm Thảo – FDVN Law Firm