How is someone having sex with a child under 18 years old?

Answer by: Legal Specialist – General Construction Issues Department

Pursuant to Article 111, Article 112, and Article 115 of the Penal Code, the person having relations with a child under the age of 18 will be penalized as follows:

1. Case 1: The offender, from full 14 years of age or older, who has sexual intercourse with a child under the age of 13, will be prosecuted for criminal liability for rape (Article 112 ) and sentenced to twelve to twenty years of imprisonment, life imprisonment or capital punishment (pursuant to Clause 4 of Article 112).

2. The second case: The victim is a child from full 13 to under 16 years:

– If the offender is aged full 14 years or older, acts of using force, threatening to use force or taking advantage of the victim’s defenseless state or other tricks to have sexual intercourse with the left victim. With the will of the victim, he will be criminally prosecuted for child rape (Article 112) and punishable as follows:

+ Imprisonment from five to fifteen years (Clause 1 of Article 112);

+ Committing the crime in one of the cases specified in Clause 2, Article 112, the offenders shall be sentenced to between twelve and twenty years of imprisonment;

+ Committing the crime in one of the cases specified in Clause 3, Article 112, the offenders shall be sentenced to twenty years of imprisonment, life imprisonment or death.

In addition, offenders may be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

– If the offender is a person aged full 18 years or older and has sexual intercourse with the victim (with the consent of the victim), he / she will be criminally prosecuted for having sex with the child. you (Article 115) and will be sanctioned as follows:

+ Imprisonment from one year to five years (Clause 1 of Article 115);

+ Committing the crime in one of the cases specified in Clause 2, Article 115, the offenders shall be sentenced to between three and ten years of imprisonment;

+ Committing the crime in one of the cases specified in Clause 3, Article 115, the offenders shall be sentenced to between seven and fifteen years of imprisonment.

3. Case three: The victim is a child from full 16 to under 18 years:

– If the offender is between full 14 and under 16 years old, commits acts of using force, threatens to use force or takes advantage of the victim’s defenseless state or other tricks to have sexual intercourse with the victim. Committing against the will of the victim and committing a crime in one of the cases specified in Clause 2 or 3, Article 111 of the Penal Code, he / she will be subject to criminal prosecution for rape (Article 111).

+ Committing the crime in one of the cases specified in Clause 2, Article 111, the offenders shall be sentenced to between seven and fifteen years of imprisonment;

+ Committing the crime in one of the cases specified in Clause 3, Article 111, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or death.

In addition, offenders may be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

– If the person committing the offense is at least 16 years old, committing acts of using force, threatening to use force or taking advantage of the victim’s defenseless state or other tricks to have sexual intercourse with the victim. Against the will of the victim, he will be criminally prosecuted for rape (Article 111) and will be punished as follows:

+ A prison term of between five and ten years (Clause 4, Article 111);

+ Committing the crime in one of the cases specified in Clause 2, Article 111, the offenders shall be sentenced to between seven and fifteen years of imprisonment;

+ Committing the crime in one of the cases specified in Clause 3, Article 111, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or death.

In addition, offenders may be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

Source: Ministry of Justice web portal