Penalties of up to $1,200 proposed for marital rape, domestic abuse

An illustration on domestic abuse by Chu Thị Việt Hà in an art competition on promoting gender equality and preventing domestic violence in June 2024. — VNA/VNS Photo

HÀ NỘI — The Ministry of Public Security (MPS) has proposed a penalty of VNĐ20-30 million (US$790-$1,185) for marital rape, as part of a proposal to adjust administrative fines for domestic violence.

The same penalty is also proposed for coercing a family member to engage in pornographic acts, using substances for sexual coercion or physical abuse against a family member, or isolating or imprisoning a family member.

Different forms of domestic abuse, such as appropriating or damaging shared family property, forcing excessive labour on a family member, or exercising control over a family member’s property or income with the intent to create material or psychological dependence can also be subjected to the same levels of penalties.

In addition to the financial penalty, offenders will be required to issue a public apology when requested by the victim.

The draft also proposes a fine of VNĐ5-20 million ($197-$790) for coercing a family member to witness violence against a person or animal, forcing them to consume audio-visual materials containing pornography or violence-inducing content, using violence to threaten or coerce a family member into leaving their lawful residence, or coercing, inciting or assisting another person to commit acts of domestic violence.

According to the MPS, since a Government decree setting penalties for violations including domestic violence took effect two years ago, authorities have detected 1,091 cases of domestic violence and have fined 1,149 people, with total penalties adding up to over VNĐ8.4 billion ($332,000).

Decree No 144/2021/NĐ-CP set the administrative penalties for violations in social safety, security and order; fire prevention and firefighting; and domestic violence.

Among the domestic violence cases, 470 cases with 612 offenders were also penalised for violations stipulated in the Criminal Code.

Most cases of domestic violence involve family and marital relationships, which are heavily influenced by traditional moral norms. It is therefore challenging for authorities to exercise administrative penalties and corrective measures for them.

A 2023 report on the implementation of national gender equality goals in 2023 revealed that domestic violence occurred in about 3,100 households nationwide, with more than 3,200 incidents recorded.

Among these, most of the cases involved physical violence (1,520 cases), followed by psychological violence (1,400 cases), economic violence (230 cases) and sexual violence (110 cases).

Of approximately 3,200 victims of domestic violence, 2,600 were female and 556 were male.

These figures have declined compared to 2022 data, but the proportion of male victims has increased.

Nearly 3,000 individuals responsible for domestic violence have been reprimanded or subjected to administrative fines, and 129 others have been prosecuted.

The report also shows that many victims do not report their cases due to fear of stigmatisation, and only seek help when the situation turns severe over a long period of time, which results in more challenges in statistical analysis and intervention measures. — VNS