Child sexual abuse in southwest vietnam: Reality, causes and prevention

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 9 offenders, 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 10 of 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. 11 1.2. 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 12 theoretical basis of crime prevention. The work indicates that crime is a social phenomenon and the most basic direction to fight crime is preventing crime. In the work “Crime Prevention - Theory and Practice” of Stephen R. Schneider, professor of social sciences and crime, at Saint Mary's University, Halifax, Nova Scotia, Canada. The author emphasizes theoretical issues on crime prevention, crime prevention measures through environmental design. The work has mentioned the crime prevention for young people, adults by carrying out community activities, useful activities. 1.2.2 In-depth studies of child sexual abuse The work “Child sexual abuse prevention in the United States”, published by the United States Department of Child Abuse Prevention, published in 2000 by Professor David Frikelhor. The work “National plan for preventing child sexual abuse and exploitation” of the United States National Union for Prevention of Child Sexual Abuse and Exploitation, published on March 2012. In the work “Rape and child sexual abuse in the United States”, Diana E.H.Russell and Rebecca M.Bolen, Sage Publication Inc, 2000. Studies on abused children in several countries (United States, South Africa, and the UK) all show that the situation of rape and child sexual abuse continues to occur and increase. The study also proposed effective solutions to fight against child sexual abuse and have specific empirical methods to prevent crime. The study: “Breaking the silence – Child sexual abuse in India” - published on 7/2/2013 by Human Rights Watch. This work investigates the issue of child sexual abuse in India by the Human Rights Watch. The work “Prevention of child sexual abuse” David Finkelhor, Crimes Against Children Research Center, University of New Hampshire (Australia), published in 2009. Researching the preventive strategy orientation of the judicial system, the weaknesses in the preventive strategy. In the work “The right to be protected from sexual abuse of children. Preventive activity in a multicultural context” Melanie Reinke, Tectum Publishing House, 2002. The work has researched on child sexual abuse under the legal basis so that there are principles and solutions forcing the offenders to recognize the offenses. Research has shown that fighting against child sexual abuse should be considered a top policy in the nation's development strategy. Research work “Sex crimes against children - Risk awareness” by the General Department of Development Research and Statistics (UK), published in 1998, chaired by Professor Don Grubin. 13 1.3 Assessment of research situation: Summary of domestic and foreign researches on child sexual abuse, PhD students have the following conclusions: 1.3.1 The success of the research works achieved: Scientific researches have investigated crimes under different degrees and approaches regarding the status, situation, structure, nature of the reality of child sexual abuse, causes, conditions and solutions to prevent sex offenses. The works have had specific analysis on the situation of child sexual abuse (evolution, nature, structure and extent of the situation of child sexual abuse). The works have analyzed the causes and conditions of child sexual abuse in specific areas, besides general causes and specific causes of each area and recommendations on preventive measures for each specific area. 1.3.2 Issues having not been addressed and need further research The dissertation on the previous crimes of child sexual abuse was studied on the basis of the Criminal Code in 1999 or the Criminal Code in 1999 amended and supplemeted in 2009. The dissertation will study on the basis of the Criminal Code in 1999 (amended and supplemeted in 2009) and the Criminal Code in 2015 (amended and supplemeted): The issues raised in the study are the subject of crime, the age and penalty framework for child sexual abuse, and the situation of child sexual abuse taking place in the period of 2007 – 2017, 2018. The dissertation deals with criminology on the basis of multidisciplinary research on sociology, psychology and human rights issues in response to the study of the reality of child sexual abuse taking place in the Southwest region. Summary of Chapter 1 Through the contents presented in Chapter 1, the dissertation identifies the necessity of selecting research topics, an overview of the research situation related to the topic and the issues that need further study. The overview is made based on a fairly large number of research works in the author's accessibility. From that, summarizing the advantages and research results that the dissertation needs to inherit and continue to develop. At the same time, it also emphasizes the unresolved issues that require further research. 14 Chapter 2 THE REALITY OF CHILD SEXUAL ABUSE IN THE SOUTHWEST VIETNAM IN FROM 2007 – 2017, 2018 2.1 Overview of the theory of child sexual abuse 2.1.1 Concept of reality of child sexual abuse According to Prof. Dr. Vo Khanh Vinh: “Reality of crime is a social, legal - criminal phenomenon that has been changed historically, class nature including a unified whole (system) of crimes committed in a given society (country) and within a given time period ” [146 Page 160] In the book “A number of Vietnam Criminology issues” published in 2013, the People's Police Academy, “Crime is a negative psycho-social phenomenon which is both historical and concrete, and criminal and nuclear, which is class, manifested through the totality of criminal acts, together with entities who have committed such acts in a certain time and space unit ”[112 P.92] In the 2010 "Crime Curriculum", Hanoi Law University said: "The criminal situation is a negative social phenomenon that is contrary to criminal law, is classistic and changes according to the historical process; expressed in a specific set of crimes that occurred in society and in a certain period of time” [139 P.91]. In the 2013 edition, the concept of reality of crime is definded as follows: "Crime is the reality and evolution of crime that occurred in certain time units and space units" [139P.99] From the aforementioned arguments, it is possible to generalize the situation of child sexual absue as follows: “The situation of child sexual offenses is a social, legal - criminal phenomenon that has been historically and classically changed, including the overall number of child sexual abuse offenses occurring in a given area and within a given time period ” 2.1.2 Characteristics of the reality of child sexual abuse The reality of child sexual abuse is a social phenomenon, The reality of child sexual abuse is a legal phenomenon, The reality of child sexual abuse is a phenomenon changing according to the historical process The reality of child sexual abuse is a general concept formed from the unified whole of crimes committed in society. The reality of child sexual abuse persists in a locality and for a specified period of time. 2.1.3 The visible and hidden parts of the reality of child sexual abuse 2.1.3.1 The visible part of the reality of child sexual abuse 15 2.1.3.2 The hidden part of the reality of child sexual abuse 2.2 The visible part of the reality of child sexual abuse in the Southwest Vietnam 2.2.1 The extent of the reality of child sexual abuse in the Southwest Vietnam The extent of the reality of child sexual abuse in the Southwest region is the total number of crimes committed and the number of offenders committed in the Southwest region and studied over a period from 2007 to 2017. According to statistics of the People's Courts of the provinces in the Southwest region between 2007 and 2017, a trial of 3,793 cases of child sexual abuse was heard, with 3,844 defendants. On average, each year in the area, the court hears about 316 cases of child sexual abuse with nearly 320 defendants. The statistics (See table 2.1 and 2.2– appendix) show the extent of the reality of child sexual abuse as follows: Ca Mau (558 cases / 561 defendants); Kien Giang (421 cases / 426 defendants); Soc Trang (331 cases / 334 defendants); Dong Thap (307 cases / 311 defendants); Hau Giang (262 cases / 266 defendants); Vinh Long (284 cases / 287 defendants); An Giang (286 cases / 289 defendants); Can Tho (257 cases / 260 defendants); Tra Vinh (253 cases / 260 defendants); Long An (232 cases / 235 defendants); Bac Lieu (211 cases / 216 defendants); Tien Giang (210 cases / 214 defendants); Ben Tre (181 cases / 185 defendants). In 2018 (when the 2015 Criminal Code (amended and supplemented) took effect). With five crimes of sexual abuse under 16 years of age defined in the penal code, one more increase compared to the 1999 criminal code, amended in 2009, in the Southwest Vietnam adjudicated 520 cases / 541 defendants. The statistics (See table 2.1 and 2.2– appendix) shows that: In Ca Mau (53 cases / 56 defendants); Kien Giang (41 cases / 44 defendants); Soc Trang (37 cases / 40 defendants); Dong Thap (28 cases / 33 defendants); Hau Giang (25 cases / 27 defendants); Vinh Long (31 cases / 32 defendants); An Giang (43 cases / 45 defendants); Can Tho (31 cases / 33 defendants); Tra Vinh (38 cases / 40 defendants); Long An (34 cases / 37 defendants); Bac Lieu (32 cases / 35 defendants); Tien Giang (27 cases / 29 defendants); Ben Tre (31 cases / 32 defendants). 2.2.2 The happenings of the reality of child sexual abuse in the Southwest Vietnam Studying the past statistics shows that from 2007 to 2018, the crimes of child sexual abuse in the Southwest region have been complicated. Based on the overall number of cases and defendants, the number of child sex offenders tends to increase to 325 cases / 327 defendants in 2007, 422 cases to 426 16 defendants (an increase of 30.27% compared to 2007) - (See table 2.8 - chart 2.1 - annex). If the year 2007 is used as a 100% milestone for comparison, the situation of crimes of child sexual abuse over the years 2007-2012 is likely to decrease; in 2008, the crime dropped sharply by 14.15% and 12.53% of the defendants; in 2009, there was a decrease of 12% in cases and 11% of defendants; in 2010 decreased 10.15% cases, 9.48% of the accused; in 2011 decreased by 4.3% cases, 4.28% defendants; in 2011 decreased by 4.3% cases, 4.28% defendants. It is possible to explain in the period from 2007 to 2010 the project "Struggling to prevent and combat various types of child abuse; juvenile crime ”is being implemented so prevention of this type of crime also brings positive results. However, in the whole period from 2008 to 2017, the number of child sexual abuse crimes generally increased year by year and increased sharply in 2012-2014. A comparison of the 2014 crime situation with 2007 shows that up to this point, the crime rate has increased (22.4% of the cases, 22.9% of the defendants) and compared to 2017, the crime rate increased (29.8% of the cases, 30.27% of the defendants). On average, each year from 2007-2017, the number of child sexual abuse crime increased by an average of 6.69 cases, 7.54 defendants. The period when the Criminal Code 2015 was amended and supplemented in 2017, the development of child sexual offenses in the Southwest region of 2018 is still increasing. Comparing 2018 with 2017, child sexual offenses increased by 6.8% of cases / 13.3% of defendants. 2.2.3 The structure of the reality of child sexual abuse in the Southwest Vietnam Studying statistics of provincial / municipal People's Courts in the southwestern region in the period of 2007-2018 and 485 criminal judgments with 500 defendants to determine the structure of child sexual abuse by the following criteria: 2.2.3.1 Structure of the reality of child sexual abuse according to crimes according to the 1999 Criminal Code, amended and supplemented in 2009 2.2.3.2. Structure of the situation of child sexual abuse by area of crime. 2.2.3.3 Structure of the reality of child sexual abuse by time and place of crime 2.2.3.4 Structure of the reality of child sexual abuse by mode and means of crime 2.2.3.5 The structure of the reality of child sexual abuse in terms of personal characteristics of the victims 2.2.3.6 Structure of the reality of child sexual abuse by personal characteristics of offenders in the Southwest Vietnam 2.2.3.7 The structure according to criminal sanctions applies to offenders 2.2.3.8 Structure of the situation of child sexual offenses based on cases of first- time crimes, recidivism and dangerous recidivism 17 2.2.3.9 Structure of the reality of child sexual abuse by characteristics of offenders using beer, alcohol and other stimulants 2.2.4 The nature of the situation of crimes of child sexual abuse in the South West region 2.3 The hidden part of situation of crimes of child sexual abuse in the South West region 2.3.1 The level of hidden situation of crimes of child sexual abuse in the South West region Assessing the hiding of crimes against children based on statistics from 2007 - 2017 shows: Investigation agencies at all levels in the South West region have prosecuted 4221 cases of crimes of child sexual abuse with 4432 accused. Courts at all levels have tried 3793 cases with 3844 defendants (reaching 89.86% of the cases, 86.73% of the accused). Thus, the number of cases and defendants remaining or not heard during the period above was 428 with 588 accused (accounting for 10.14% of the cases, 13.27% of the accused) (see table 2.27 - appendix) can explain many different reasons, such as: The time limit for investigation has expired but cannot prove that the accused committed a child sexual abuse offender or the statute of limitations for prosecuting criminal liability for child sexual abuse has expired. Of the above-mentioned non-trial child sexual abuse accused there will be many cases falling into the hidden part of this crime. 2.3.2 Hidden time of crimes of child sexual abuse in the South West region Offense‟s hiding time "is the period of time from committing a crime to the time when the crime is discovered" [144 p40]. In order to clarify the hidden time of child sexual abuse crimes on the basis of analyzing and evaluating judgments, the following results were obtained: Table 2.27 in the appendix, in 485 sentences there were 283 cases were discovered right after the offense with the remaining number of 202 cases