Therefore, the practice requires a comprehensive study of the reality of child sex abuse in Southwest Vietnam to assess the real situation, the causes and conditions of child sex abuse t
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
DIEP HUYEN THAO
CHILD SEXUAL ABUSE IN SOUTHWEST VIETNAM:
REALITY, CAUSES AND PREVENTION
Major: Criminology and crime prevention Code: 9.38.01.05
SUMMARY OF DOCTORAL THESIS IN LAW
Hanoi - 2019
Trang 2The work was completed at GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific Supervisor: 1 Dr Nguyen Trung Thanh
2 Dr Nguyen Van Diep
Reviewer 1: Assoc Prof Dr Dong Dai Loc
Reviewer 2: Assoc Prof Dr Trinh Tien Viet
Reviewer 3: Dr Quan Minh Cuong
The dissertation will be defended before the thesis review council of the Academy at the Graduate Academy of Social Sciences
at hour minute, day month year.
The thesis can be found at:
- National Library of Vietnam
- Library of Graduate Academy of Social Sciences
Trang 3INTRODUCTION
1 The urgency of the topic
In recent years, child sexual abuse cases have occurred quite a lot at an alarming level nationwide According to Report No 20/BC-VKSTC dated March 23, 2017 of the Supreme People's Procuracy of Vietnam on the handling
of child sexual abuse cases in our country from 2014 - 2016: In 2014, there were 1,832 cases/1846 defendants; In 2015 there were 1,613 cases/1,600 defendants; In 2016, there were 1,514 cases/1,483 defendants According to Report No 16/BC-TANDTC dated March 24, 2017 of the Supreme People's Court of Vietnam; In 2014, there were 1,825 cases/1,976 defendants; In 2015, there were 1,692 cases/1798 defendants; In 2016, there were 1,454 cases/1528 defendants And according to a report of the Supreme People's Court of Vietnam on child sexual abuse from October 01, 2017 to February 28, 2019, the People's Courts at all levels accepted the first - instance and appellate 2,719 cases with 2,894 defendants With the above-mentioned statistics, it still does not fully reflect the real state of child sexual abuse in our country This has shown that Vietnam is facing the situation of sexual abuse, in which child sexual abuse is happening complicatedly and tends to increase Therefore, the protection of children is no longer the responsibility of each family but the common responsibility of the whole society In Clause 1, Article 37 of the 2013
Constitution, “Children are protected, cared for and educated by the State,
family and society; be involved in child issues It is strictly forbidden to abuse, neglect, exploit and other acts that violate children's rights ”
Southwest Vietnam is not an exception to the general situation of the whole country, with the severity of sexual abuse cases and an increasing tendency Particularly for children, many child sexual abuse cases have occurred in a very serious nature, showing moral decline, disregard for human life, health and dignity, causing annoyance to the public Therefore, the practice requires a comprehensive study of the reality of child sex abuse in Southwest Vietnam to assess the real situation, the causes and conditions of child sex abuse then propose solutions to
prevent it Thus, the topic "Child sexual abuse in Southwest Vietnam: reality,
causes and prevention" has been researched and implemented by the author to
meet the needs of Southwest Vietnam and the struggle to prevent child sex abuse nationwide
2 The research purpose and tasks of the thesis
2.1 The research purpose
The aim of this dissertation is to: Analyze the reality of child sex abuse in Southwest Vietnam and propose some solutions to enhance prevention of child sex abuse in Southwest Vietnam
Trang 42.2 The research tasks
- Overview the domestic and foreign researches on issues related to the dissertation, assess the agreed issues and issues that need further research, identifying issues that need further research in the dissertation
- Overview the theory of the reality, the causes and conditions of the crimes, the prevention and prediction of the crimes, thereby overview the theoretical issues regarding the reality of child sexual abuse such as: the concept of the reality of child sexual abuse, causes and conditions of the reality of child sexual abuse, forecasting and preventing child sexual abuse
- Analyze and assess the reality of child sexual abuse in Southwest Vietnam from 2007 to 2017 Specifically, the dissertation will study and assess the floating part of the reality of child sexual abuse through indicators that reflect the level, dynamics, structure and nature of the reality of child sexual abuse At the same time, study and evaluate the hidden part of the reality of these crimes Then compare the reality of child sexual abuse in Southwest Vietnam in 2018
- Analyze the causes and conditions of the reality of child sexual abuse
in Southwest Vietnam from 2007 to 2017 and 2018
- Forecast the reality of child sexual abuse in Southwest Vietnam in the near future; propose solutions to strengthen prevention of the child sexual abuse
in the Southwest Vietnam
3 Rearch subjects and scope of the study
3.1 Rearch subjects
The dissertation focuses on studying the reality of child sexual abuse in Southwest Vietnam, thereby studying the causes and conditions that give rise to and developing these types of crimes, thereby proposing solutions to prevent child sexual abuse in Southwest Vietnam
3.2 Scope of the study
- The dissertation researchs with a specialized perspective:
Criminology and crime prevention
- The group of child sexual abuse studied in the dissertation includes 4 crimes stipulated in the 1999 Penal Code, amended and supplemented in 2009: Child rape (Article 112), child enticement (Article 114), sexual intercourse with children (Article 115), child sexual harassment (Article 116)
- Compare with the provisions of the Child Law 2016 and the Criminal Law 2015 amended and supplemented in 2017 on sexual offenses against people under the age of 16 (raping people under the age of 16; enticing people from 13 to under 16 years old; sexual intercourse or conduct other sexual acts with people from 13 to under 16 years old; sexual immorality with people under the age of 16; using people under under the age of 16 for sexual purposes)
Trang 5- Research period: Through the statistics of the People's Courts of Southwest Vietnam from 2007 to 2017 and supplement the data of 2018
- The research area includes 12 provinces and 01 municipality: Long
An, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Soc Trang, Hau Giang, Bac Lieu, Ca Mau, An Giang, Dong Thap, Kien Giang, and Can Tho City
- To complete the study, the dissertation summarizes the Court's statistics on child sexual abuse in 13 provinces in Southwest Vietnam in the period of 2007-2017, 2018 The statistics of the Supreme People's Court of Vietnam on the nationwide crime data and the nationwide statistics of child sexual abuse cases Study 485 typical cases in 13 provinces in Southwest Vietnam from 2007 - 2017, 2018 to carry out the research project The dissertation uses the typical study results to generalize the general study results
of the reality of child sexual abuse in Southwest Vietnam
4 Methodology and research methods
4.1 Methodology
The dissertation is based on the theoretical basis of Marxism-Leninism,
Ho Chi Minh thought, views of the Communist Party of Vietnam on judicial reform, the law on child protection, prevention of crimes of sexual abuse, protection of children's dignity and sexual inviolability
Then the dissertation is conducted with the following approaches:
- System approaching
- History approaching
4.2 Research methods
The dissertation uses the following research methods:
- Methods of analysis, synthesis and statistics
- Comparison method
5 Scientific contributions of the dissertation
- A research on child sexual abuse at the doctoral level, focusing on fully studying the issues of the reality of child sexual abuse, causes and conditions of the reality of child sexual abuse as well as measures to prevent this type of crime in Southwest Vietnam
- A study on the reality of child sexual abuse with specific characteristics in Southwest Vietnam With the method of interdisciplinary research from which to identify the specific characteristics of the criminal activities
- A research with an approach to life, people, religion and belief of the people of Southwest Vietnam in the causes and conditions of the criminal activities and in the struggle in prevention of this kind of crime in reality
6 Theoretical and practical meanings of the dissertation
The research results of the dissertation supplement the theoretical issues - The dissertation will be a monographic work contributing to the
Trang 6prevention of child sexual abuse not only in Southwest Vietnam but also in the whole country The dissertation is a useful document that continues the study of the reality of child sexual abuse and is a connected work with the research projects of child sex abuse in Southeast Vietnam, Central Highlands , forming
a comprehensive picture of the reality of child sexual abuse The research results of the dissertation will supplement and continue the previous research data, enriching the criminal knowledge base Since then the solutions of the dissertation will be a continual source of research, a useful reference for the fight against child sexual abuse
The dissertation's research results will be a useful reference source for competent agencies to research and apply to local crime prevention, a useful reference source for legislative bodies to consider and assess Vietnam's criminal law on child sexual abuse so that they can study, amend and supplement the legal provisions on child sexual abuse crimes suitable to the current social context
7 Organization of the dissertation
In addition to the overview, conclusion, references, the dissertation
also includes:
- Chapter 1: Overview of the studies on child sexual abuse
- Chapter 2: Reality of child sexual abuse in Southwest Vietnam (from
"Crime in Vietnam situation, causes and solutions", this is a State-level
project code KX - 04-14 conducted by the Ministry of Home Affairs, now is the Ministry of Public Security, the People's Public Security Publishing House,
1994, a study on the criminal activities in Vietnam, which outlined some characteristics of crimes, the subject of crimes, the causes and solutions to prevent crimes in general The topic has not investigated the causes as well as measures to prevent child sexual abuse
"Criminology Curriculum" of Prof Dr Do Ngoc Quang, Hanoi National University Publishing House, 1995 The study on the theoretical issues of the criminal activities divided the preventive measures into the following groups:
Trang 7Group of common preventive measures; group of State administrative management measures on security and order; group of social preventive measures; group of preventive measures by function; group of separate preventive measures Although this study does not mention measures to prevent specific crime, this is also the basis for the dissertation to approach and research the prevention of child sexual abuse
The monograph "Criminology, Criminal Code, Criminal Procedure
Code of Vietnam" Institute of State and Law, National Political Publishing
House, 1994 Edited by Dr Dao Tri Uc In the first part of criminology, the dissertation studied the theoretical issues of criminology such as the concept of crime activities, parameters of criminal activities, causes and conditions of the criminal activities, prevention of criminal activities, forecasting and planning activities to fight the criminal activities With the research contents of the above-mentioned work, the dissertation has inherited those achievements to carry out research contents related to criminal activities and crime prevention
"Criminology Curriculum", Vo Khanh Vinh, Vietnam Education
Publishing House, 1999, reprinted in 2009 Or "Criminology Curriculum", Vo
Khanh Vinh, People's Public Security Publishing House, 2003 and reprinted in
2008 and 2013 Research on social phenomena groups such as criminal activities, determinism, causes and conditions of criminal activities, offenders' identities, crime prevention, international cooperation in the fight against criminal activities Although the study did not analyze in-depth the specific crimes, the study provided the theoretical foundation of the theoretical orientation for the dissertation to approach in-depth research on child sexual abuse
"Criminology Curriculum" of Hanoi Law University, People's Public Security Publishing House, 2015 In this curriculum, the authors analyzed the contents of the criminal activities, the general theory about the causes and conditions of criminal activities, theory about offenders and crime prevention This is the theoretical basis that strengthens the theory for the dissertation
The monograph "Vietnam Criminology: Theoretical and practical
issues" of the authors of the Institute of State and Law, published in 2000 This
can be considered a typical study on criminology, the research content from the formation and development process of criminology, the subject and method of the study of criminology to issues of crime prevention The knowledge of this study affects the thinking and research direction of the dissertation
The monograph “Several theoretical issues on the criminal activities in
Vietnam”, Author: Assoc Prof Dr Pham Van Tinh, Judicial Publishing House,
2007 This study examines the number of defendants and its fluctuations in the criminal activities, compared with the period 1986 - 1988, according to the chapter numbers of the Criminal Code, the group of drug-related criminals has
Trang 8the highest level of danger, the group of criminals violating safety, public order and group of criminals violating economic management order have the same second level of danger; the group of criminals that infringes on human life, health and dignity has the third level of danger In this study, the author does not study the causes and measures to prevent crime
The monograph "Victims of Crime" by Assoc.Prof Dr Tran Huu Trang,
Vietnam Education Publishing House, 2011 The author introduces the concept
of victims of crime, the factors and specific circumstances for a person to become the victim of crime, the cause of the criminal activities, including the cause from the victim
The monograph "Modern criminology and crime prevention" by Prof
Dr Nguyen Xuan Yem, People's Public Security Publishing House, 2001 In Part I, the monograph studies basic theory on criminology; in Part II, the monograph studies specialized issues and prevention of specific crimes
"Victims of crime", Nguyen Khac Hai, VNU Journal of Science:
Jurisprudence, Issue 2/2018 The author's article has analyzed and explained in depth the concept of victim based on historical process The article also analyzes the causes of victimization, the rights of victims, the role of victims in the criminal justice system This research has further strengthened the basic theories about victims in criminology, contributing to the theoretical foundation for the dissertation's research
"Classification of personal identities of offenders in criminology",
Nguyen Thi Thanh Thuy, Journal of Jurisprudence, Issue 3/2003 In the article, the author analyzes in depth the classification of offenders such as classifying offenders according to demographic and social signs, classifying offenders according to legal signs such as the nature of anti-social tendencies and the values orientations of personalities (nature and content of the purpose and motivation of the offense); the degree of danger and sustainability of that antisociality (the position of goals and motivations in the personal structure, the level of development, the depth of values orientations and corresponding ethical and psychological qualities)
"Qualitative characteristics of the criminal activities in our country today", Pham Van Tinh, Journal of State and Law, Issue 10/2005 The author
analyzes the structure of the crime activities including the basic structure, specialized structure, the data structure; the article sheds light on the structure in terms of data and reality; the author compares the data structure and the actual structure of the criminal activities on the basis of penalties in the periods of the Penal Code
"The causes and conditions of the criminal activities in our country today - the theoretical model", Pham Van Tinh, Journal of State and Law, Issue
Trang 906/2008 The author analyzes the concept of causes and conditions of the criminal activities, the impact of integration trends on the causes and conditions
of the criminal activities
"An overview of the level of the criminal activities in Vietnam through statistics from 1986 to 2008", Pham Van Tinh, 2011, State and Law, Institute of State and Law, Issue 4 (276), pp 73-80 The article studies the trends of criminal activities, general indicators, level of criminal activities based on crimes, level of criminal activities considered in units of crime Among many research results, there are research results related to the charges of rape and child rape (In 2001, there were 1,376 defendants; in 2002, there were 1,383 defendants; in 2003, there were 1,282 defendants) In three years, there were 4,041 defendants (accounting for 2.16%) This study has important reference value for the author's dissertation
"Vietnamese Criminology and Crime Prevention", Pham Van Tinh,
Journal of State and Law, 4/2009 - crime prevention systems including crime elimination measures and crime prevention measures This theory is applied by the author in the research process of the dissertation on the prevention of child
sexual abuse that can be understood as "a system of many levels of proactive
measures taken by agencies, organizations and all citizens under the leadership
of the Party in order to prevent child sexual abuse from happening by limitation and thereby reducing and gradually eliminating child sexual abuse"
1.1.2 The study on the reality, causes and prevention of crime in general and specific crimes
Dissertation for a doctoral degree in jurisprudence "Crime of murder in
Vietnam Penal Code and struggle against this crime" Do Duc Ha, 2007 The
dissertation studies crime of murder in accordance with the Penal Code and the real state of the crime of murder in Vietnam from 1996 to 2005, explaining the causes and conditions of the murder cases; the dissertation also proposes measures
to prevent and improve the effectiveness of crime prevention and control Inheriting research results mentioned in the dissertation, including murder acts to hide criminal acts, including child sexual abuse
Dissertation for a doctoral degree in jurisprudence "Prevention and
fighting against the crime of trafficking in women in Vietnam" by Nguyen Van
Huong, 2008, Hanoi Law University The dissertation studies the crime of trafficking in women in the period of 1998-2007, there were 1904 defendants guilty of the offense and 697 defendants were female For trafficking in women, taking advantage of relationships and material seduction accounts for a high
Trang 10proportion of the structure of the criminal activities This is also a crime that directly violates human rights and the victims are female The dissertation also analyzes the causes and solutions to prevent this crime This research also contributes to an expanded orientation of the crime research that the subject of crime is female
Dissertation for a doctoral degree in jurisprudence "The fight against
crime using violence in Vietnam today", Nguyen Ngoc Binh, 2010 The
dissertation analyzes the theory of crime prevention and fighting crime using violence
Dissertation for a doctoral degree in jurisprudence "Prevention and
fighting against human trafficking in Vietnam", Nguyen Mai Tram, 2017,
Graduate Academy of Social Sciences The dissertation studies the reality of human trafficking from 2004 to 2015; the dissertation analyzes the reality of human trafficking nationwide and assesses the causes and conditions of criminal activities
Master's thesis "Sex crimes and fight against these crimes in Vietnam
today", Trinh Thi Thu Huong, 2004 The dissertation studies sex offenses in the
whole country Victims of the crime are mostly female The thesis analyzes the provisions of criminal law on child sexual abuse and the reality of criminal activities
Master's thesis "The struggle for prevention and control of juvenile
offenders: reality and solutions for prevention", Do Ba Co, 1996 The thesis
studies the provisions of the Penal Code on the criminal liability of juvenile offenders and analyze the situation and evolution of this type of crime throughout the country
Master's thesis "Protecting the rights of victims of child sexual abuse
from the perspective of human rights" Nguyen Huynh Bao Khanh, 2011 The
thesis analyzes the provisions of criminal law on child sexual abuse and victims
of crime and rights related to victims of crime
“The reality of rape crime and solutions”, Pham Quoc Huynh, People's
Police magazine no 1/1999 The author analyzes the reality of rape crime in practice through statistical data, analyzes the effects of this crime on society and recommends specific solutions to prevent crimes
“Solutions to prevent and fight against rape crime”, Bui Van Dung,
People's Police magazine no 11/1999; The paper focuses on analyzing specific solutions for rape prevention and fighting Besides the economic and cultural solutions, the author is particularly interested in specific solutions from the
Trang 11offenders, victims and competent authorities to prevent crimes The paper is the basis for the dissertaion to absorb, exploit and implement specific preventive measures in accordance with the research area of the dissertation
1.1.3 Research works on the reality, causes and prevention of child sexual abuse in the whole country and in each locality
The monograph: “Prevention and fighting against child sexual abuse in
Dong Nai province”, Dong Xuan Tho, People's Police Publishing House, 2011
This work provides in-depth research on child sexual abuse in the period of
1998 - 2007 in Dong Nai province The work analyses the concept of children and the provisions of the law on children, analyses legal provisions on child sexual abuse The Party and State's views on the struggle to prevent and fight against child sexual abuse By statistical methods, the work shows the actual situation, changes, structure and nature of the reality of child sexual abuse in Dong Nai province Geographic, economic, social and population characteristics influence the criminal situation The work provides forecasts and specific preventive measures in Dong Nai province The research results of this work are valuable reference for subsequent studies and are a useful reference for the study
of the situation of child sexual abuse associated with specific areas
The dissertation: “Struggling to prevent and fight against child sexual
abuse in Vietnam in the current period”, Le Huu Du – 2015 - Academy of
Social Sciences This dissertation studies the situation of child sexual abuse in the period from 2007 to 2013 in the whole country This dissertation analyzes the causes and conditions of the crime situation under the impact of the living environment, human environment and crime situations, thereby proposing solutions to prevent child sexual abuse The result of the dissertation is a valuable basis for the study of sexual abuse including child sexual abuse The dissertation also inherits the results of this study to continue the research with the next stage
The dissertation in law: “Child sexual abuse in the Southeast Vietnam:
Reality, causes and preventive measures”, Tran Van Thuong, 2018, this work
reaseaches the situation of child sexual abuse in the period of 2008-2017 in the Southeast Vietnam with 2064 cases / 2122 defendants The research results show that provinces such as Binh Phuoc, Binh Duong, Dong Nai and Ho Chi Minh City has the highest crime rate
The Ministry-level research project: “Child sexual abuse in Southern
provinces and cities, current situation and solutions to prevent and fight”, Vu
Duc Trung, 2005,People‟s Police University The project has studied the reality
Trang 12of the prevention and fight against child sexual abuse in the Southern provinces and cities, thereby proposing a number of preventive and struggling solutions of the people's police force
The University-level research project: “Struggling to prevent and fight
agaist juvenile sex offenses in Southern Provinces” Vo Thi Kim Oanh, Le
Nguyen Thanh, Pham Thai, Ho Chi Minh City University of Law The project analyzes theories about juvenile sex offenses, the theory of prevention and fighting against of sex offenses and juvenile sex offenses
The thesis “Prevention of child sexual abuse by Police force of criminal
investigation on social order, Hanoi Public Security Department” Nguyen Thi
Huong, 2012, The People's Police Academy The thesis only focuses on researching the activities of preventing child sexual abuse by Police force of criminal investigation on social order in Hanoi, the thesis analyzes the concepts, roles, responsibilities, content, precautions and coordination of competent subjects.Through this study, the thesis approaches reference on professional work
in the investigation and prevention of child sexual abuse crimes and studies specific preventive solutions
The thesis “Child sexual abuse - Reality, situation and preventive
measures” Diep Huyen Thao (2014) – Master thesis – Academy of Sciences
This is a research project on the situation of child sexual abuse in Tra Vinh province in the period of 2004 - 2013 This is also the first research project of the PhD student The work has studied the reality, happenings structure and nature of the situation of child sexual abuse in Tra Vinh province, causes and conditions of crime situation, forecast of crime situation in the coming time and solutions to prevent this type of crime in the area.This work is of fundamental significance for the study of the situation of child sexual abuse in the Southwest region as a dissertation
The thesis “Activities of the people's police force in the prevention and
investigation of child sexual abuse occurred in Dong Thap province” Vo Thanh
Tot (2002) - The People's Police Academy; The work has studied the situation, happenings, structure and nature of the situation of child sexual abuse in Dong Thap province, causes and conditions of the situation of child sexual abuse in Dong Thap province in which geographical factors with specific characteristics of the area, forecast crime situation in the coming time and preventive solution
The Master thesis “Fighting against rape in Soc Trang Province” Phan Thi Ngoan (2013) - Master thesis, Academy of Social Sciences The thesis studies on the visible and hidden parts of the situation of child sexual abuse
Trang 131.2 Research situation abroad
1.2.1 Theoretical studies on crime
In the book Criminology Today, published by Prentice Hall in 2002, Northern Cariolina University in Perbroke (USA) of the Doctor of Philosophy, Honorary Professor Frank – Schmalleger
In the book “Crime and Punishment,” by Cesare Beccaria This is a
monograph belonging to the classical criminology apprearing from the middle
of the eighteenth century The work of Cesare Beccaria has provided planning and limitations in the legal system, analysis of the modern criminal justice system, recognizing criminals when committing crimes with consideration of the consequences
In the book “Crime and Criminology in Modern Japan” in 1989, Can
Ueda, Professor, Doctor of Jurisprudence, Ritsumeikan University, the book was translated by Prof Dr Nguyen Xuan Yem and Prof Dr Ho Trong Ngu from the Russian version of Progress Publishing House, Maxcova in 1989
In the book “Crime and Society”, Dongovo, published 1992, Institute
for Research on Causes and Developing Measures to Prevent Crime The author argues that "criminology is the science of crime research, the types of crimes, the causes of crime, and relationships with other phenomena and processes;studying the effectiveness of applying measures to fight against crime”
In the book “Crime and Technology Crime” Rob White Haines, Oxford
University, published in 2000 The author writes, “Crime is an independent research field, with a wide range of criminology research related to the sociological aspect of law, the causes of crime and society's response to crime” The author believes that criminology is a social phenomenon, the goal of criminology is to develop a common system of principles that have been implemented in practice through current situation of crime and the process of criminal resolution
In the book “Criminology – The Core”, Larry Siegel, Cengage Learning
Publishing House, 2014 The author has conducted a comprehensive study of the theory of social structure, serious social conflict between crime and justice,the development theory of predisposition and criminal law is a relatively comprehensive study of crime This is a relatively comprehensive study of crime
In the work “Theoretical basis of crime prevention" Mikovskij G.M, Moscow Publishing House, Jurid, Literature, 1977, (translation of the Institute
of Social Sciences Information, 1982) This is an in-depth study on the