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VIETNAM 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 The work was completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Scientific Supervisor: Dr Nguyen Trung Thanh 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 INTRODUCTION 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 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 2.2 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 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 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) - 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 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 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 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 prevention 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 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 2007 - 2017, supplemented 2018) - Chapter 3: Causes and conditions of the reality of child sexual abuse in Southwest Vietnam - Chapter 4: Forecast and solutions to prevent child sex abuse in Southwest Vietnam Chapter 1: OVERVIEW OF THE STUDIES ON CHILD SEXUAL ABUSE 1.1 Domestic studies 1.1.1 The studies on the theoretical issues of criminology creating the theoretical foundation for the dissertation topic "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: Group 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 abovementioned 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 the 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 06/2008 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 (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 proportion 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 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 11 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 12 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 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 13 Chapter 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 14 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 15 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 firsttime crimes, recidivism and dangerous recidivism 16 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 with different lengths of hidden time, even cases of hidden time lasting over years to be discovered 2.3.3 The hidden area of child sexual abuse crimes in the South West region A structural study of the relationship between the victim and the offender in 485 child sexual abuse convictions and 500 defendants showed that 26 defendants were not acquainted with the victims The remaining 474 defendants had an acquaintance, close or relative relationship with the victim There are 165 defendants who have an affair with the victim; 124 defendants were acquainted with the victim (the same local or acquaintances of the victim's parents); 75 defendants are neighbors; 45 defendants are friends; 33 defendants are cousins; 27 defendants have a close relationship (mother‟s brother, father‟s brother, uncle ) and defendants are victim‟s father, stepfather From the above analysis, it is possible to draw conclusions about the hidden areas of 17 child sexual abuse crimes discovered by the thesis in the perspective of "The relationship between offenders and victims of crimes of child sexual abuse” 2.3.4 The hidden causes of child sexual abuse crimes in the South West region Thus, from the analysis and evaluation of the hidden part of child sexual abuse crimes, it is possible to conclude besides the number of child sexual abuse crimes handled and recorded in the statistical statistics by the law enforcement agency However, there are still a large number of unknown child sexual abuse crimes have not detected, processed or not included in the statistics The number of hidden offenders increase , it proves that the acts of preventing and combating child sexual abuse crimes is still inadequate and limited Summary of Chapter Study and assess the level, evolution, structure and nature of the situation of child sexual abuse crimes in the Southwest region from 2007 to 2017, thesis draw some conclusions: child sexual abuse crimes are happening with seriousness, complicated happenings and occur in all provinces and cities in the Southwest region Among child sexual abuse crimes, child rape accounts for the highest rate of 2102 cases / 2122 defendants The severity of this crime accounts for a very high rate, which is reflected on the basis of analysis and evaluation when comparing the number of cases and the number of offenders in the group of child sexual abuse crimes The tactics used to commit child sexual offenses are diverse, but the most common feature is that the offender takes advantage of children's ignorance and adolescent's love to satisfy their sexual needs The tendency of offender to take advantage of younger victims is easier to cover up criminal acts, the immaturity of victims is both a favorable condition for criminals to attack, and a barrier that makes it difficult to detect and handle offender Chapter THE CAUSES AND CONDITIONS OF THE SITUATION OF CRIMES OF CHILD SEXUAL ABUSE IN THE SOUTH WEST REGION 3.1 Overview of the causes and conditions of the situation of child sexual abuse crimes 3.1.1 Concept and relationship between causes and conditions of crime situation In Criminology curriculum, Prof.Vo Khanh Vinh affirms “the causes and conditions of crime situation are considered as the system of negative social phenomena in the respective socio-economic form, decide the beginning of crime situation as their consequence” and “the causes and conditions of crime situation create a system including many component parts” (146 p87) 18 3.1.2 Approach to study the causes and conditions of the situation of child sexual abuse crimes in the South West region To study the causes and conditions of minor sexual abuse crimes and see the impact of this factor on arising minor sexual abuse crimes in the South West region, we need to analysis and make clear the relationship with other complicated factors happening in the South West region 3.2 The causes and conditions of the situation of child sexual abuse crimes in the South West region 3.2.1 The environmental living conditions and causes 3.2.1.1 The causes and conditions stem from the limitations during the process of developing socio-economic in the South West 3.2.1.2 The causes and conditions belong to the nature environment of the South West 3.2.1.3 The causes and conditions about Living –Culture in the South West 3.2.1.4 The causes and conditions stem from the limitations of environment, family and education in the South West region 3.2.1.5 The causes and conditions stem from the limitation of State management about security, order and social safety in South West 3.2.1.6 The causes and conditions stem from the limitation of activities to prevent child sexual crimes in the South West region 3.2.1.7 The causes and conditions stem from the limitation of the law policy and enforcement of agency procedure and procedure conducting persons 3.2.2 The causes and conditions belong to child sexual abuse offenders 3.2.2.1 The manifestations of the offender's identity affect the cause and conditions arising of the situation of child sexual abuse crimes 3.2.2.2 Psychological characteristics of child sexual abuse offenders 3.2.2.3 Deviations of personal consciousness about legal awareness and knowledge 3.2.2.4 Deviations in lifestyle, stimulated by depraved cultural products and habit of using alcohol 3.3 The causes and conditions belong to victim of child sexual abuse crimes 3.3.1 Identical characteristics belong to the victim of crime Victim’s sex: Research shows that victims of child sex victim in the Southwest region had 3793 cases (account for 27.7%) compared to the whole country 14.014 cases (see table 3.1 – Appendix) , almost victims are female children, the situation of child sexual abuse remains increase trend According to Court‟s statistics, there are cases, victims are male For example, case of Phan Minh S, sentence no 239/2013/HSST dated 30/09/2013 of The People‟s Court of Ninh Kieu district, Can Tho city Phan Minh S and Pham Thanh L committed lustful act toward Nguyen The Truong, both defendants have been convicted of crimes against children In reality, the situation of male sexual 19 abuse happened in some places However, in part because the victim did not report, the family did not know or did not report, on the other hand, the sexual abuse of male children has not been focused on prevention like female This is also one of the limitations for the study of child sexual abuse crimes in which male children are not focused and protected against the risk of being victims of sexual abuse The age of victim: Children who are most sexually abused are those aged from full to under 13, accounting for 57.5% (279/485 of the victims), followed by those from 13 to under 16 27.9% (135/485 victims), and the lowest proportion is under the age of years, accounting for 14.6% (71/485 victims) The age of victims of sexual abuse is highest from to under 13 years of age with children of this age having many cognitive limitations, they are easily enticed, offenders are also easily approached by many different tactics (asking, giving gifts, giving money, or intimidating), some children were not aware of the behaviors that happened to them, which is sexual abuse offenders will easily hide behavior Crime hiding in these cases is often very high Most of the victims aged 13 - under 16 years of age have developed cognitively, most of them have had contact with and interacted with offenders, knew a lot about them, however, because of many different reasons, they not declare such as fear of being killed, fear of being beaten by parents, fear of affecting honor or public opinion that will affect future happiness in the future * Social relationships of victims: Research shows that offenders often take advantage of relationships with relatives, neighbors, acquaintances to seduce and commit crimes Offenders take advantage of the innocence of children, the neglect of adults, as well as the majority of offenders take advantage of emotional love to satisfy personal desires 3.3.2 The psychological characteristics of the victim promote the process of becoming a victim of child sexual abuse crimes Firstly, Offenders take advantage of the psychological scare of children to commit acts of sexual abuse, to control the spirit of children by means of intimidation, intimidation or use of force to prevent victims from resisting, dare not denounce behavior for fear of being beaten, killed, etc Secondly, the victims did not have sufficient awareness about the abusive behavior, the children had a mentally light, gullible attitude, so they did not have any protective responses to the abuse, even some children still hide until the offender is found out, the victim is pregnant or when the subject of the arrest has just been sexually assaulted several times before Thirdly: Victims are seduced, bribed to commit criminal acts After being sexually abuse, children are afraid to tell their parents or adults A significant proportion of girls are not fully educated and sexually informed by 20 their families and schools, so they are not aware of the consequences of sexual abuse Fourthly, victims have early love affections, or have corruptible lifestyle, which are used by criminals to commit crimes Fifthly, victims of corruptible and easy-going lifestyles are also one of the factors promoting sexual abuse crimes Sixthly, there also exist cases of victims of mental illness or cognitive difficulties leading to limitation of protecting themselves against abuse Summary of Chapter Impact factors belong to causes, living conditions such as geographic location, culture - life, family, school, economy, etc the living environment had strong influences on forming personality and life of Southern people, belief and culture formed a habit of the life of the people in the Southwest region, apart from the advantages, there are also limitations, including the issues of crime There are also impacts on the environment of the Family and the School to the formation of bad personalities and characteristics that create premise for misbehavior, including the offense of committing crimes Chapter PREDICTION AND SOLUTIONS TO PREVENT CHILD SEXUAL ABUSE IN SOUTHWEST VIETNAM 4.1 Prediction of child sexual abuse in southwest Vietnam 4.1.1 Concept of prediction of child sexual abuse in southwest Vietnam According to Prof PhD Vo Khanh Vinh, the crime situation is a social phenomenom, as such predicting the crime situation is a part of social forecast “is predicting about the reality, progress, structure and characteristics of crime situation that may happen in the future, about the cause, conditions and possibility of preventing it in specific stages, and about evaluating the quality of the changes in the crime situation and its cause and conditions” [146 pg 147] 4.1.2 Information on prediction of child sexual abuse in southwest Vietnam in the coming time - About the severity and progress of the child sexual abuse situation Child sexual abuse in southwest Vietnam is severe and shows signs of increasing in both frequency and number of people commiting it Increase the percentage of dangerous accomplices and recidivists Child sexual abuse will continue to increase and complicate with more sophisticated tricks to hide the offense - About the structure and characteristics of child sexual abuse situation There will be shifting structure of the crime and the child sexual abuse situation in the coming years In previous years, social issues and lack of stable 21 jobs were one of the negative aspects with significant impacts that caused child sexual abuse, in which the majority of offenders were after drinking + About the crime scale: In the coming time, there will be cases of child sexual abuse with accomplices (rape, sexual harrassment and intercourse in group) Because of the situation of young people using alcohol, drugs, ecstasy, leading to orgy, including collective sexual abuse + About the subject of the crime: The majority of the offender of child sexual abuse are people from 18 to 30 years old; the number of offenders from 14 to under 18 will increase in the coming time + About the method of the crime: By earning the children‟s trust and using materials to lure them, to make way for sexual abuse; additionally, the offenders also take advantage of acquaintances and the children‟s lack of knowledge to commit and hide their crimes + About the location of the scrime: According to researches, the locations are Ving Long, Hau Giang, Ca Mau, Tra Vinh, Can Tho, Soc Trang and Dong Thap - About family conditions: Offenders of child sexual abuse are mostly in difficult economical situations and difficult life Those with unhappy life such as divorced or loss of wife also take up a large percentage of offenders of child sexual abuse - About the victims: According to statistics, victims of this crime are mainly from to 13 years old, 13 to 16 years old, and the youngest are under years old In the coming time, sexually abused children under years old tend to increase in number, and the victims are still mostly children with an unstable, difficult family, not cared for by the family, school or society - About the ethnic groups: In recent years, offenders are mainly Kinh, whereas the number of Khmere offenders is rather high and those of Hoa ethnic group is the lowest Crimes of child sexual abuse are mainly from Kinh people at a young age, influenced by technology development, the impact of depraved cultural products, and selfish lifestyles, disregarding the law 4.2 Solutions to prevent child sexual abuse in southwest Vietnam 4.2.1 Concept of prevention of crime and of child sexual abuse 4.2.2 Information on solutions to prevent child sexual abuse in southwest Vietnam 4.2.2.1 Solutions on economy-society of southwest Vietnam First, eliminate hunger and reduce poverty, and develop key economy in southwest Vietnam Second, expand investment in economy development and deal with the labors„ need for employment Third, focus resources on solving the people‟s basic needs Fourth, develop economy along with adapting to weather changes in 22 southwest Vietnam Fifth, improve economy management and resource development skills of the region Sixth, economy-society development must synergize well with dealing with negative aspects occurred from urbanization 4.2.2.2 Solutions on geographic and natural environment of southwest Vietnam 4.2.2.3 Solutions on life and culture of southwest Vietnam 4.2.2.4 Solutions on family-education environment 4.2.2.5 Solutions on state management of southwest Vietnam * In social issue management activities * In propaganda activities about spreading and teaching laws * In the general management activities of the competent authorities 4.2.2.6 Solutions for professional prevention of child sexual abuse Firstly, organize investigation work in all of southwest Vietnam, review the suspects, and establish records of management of suspects related to child sexual abuse Secondly, promote the establishment and construction of network of confidential information to proactively and effectively prevent child sexual abuse Thirdly, strengthen criminal investigation and prevention of child sexual abuse in the area 4.2.2.7 General solutions on organizing activities of prevention of child sexual abuse crimes of southwest Vietnam 4.2.2.8 Solutions to legal policies and law enforcement activities of procedureconducting agencies and procedure-conducting persons * Solutions on improving the provisions of the Criminal Code on child sexual abuse * Solutions on law enforcement activities of procedure-conducting agencies and procedure-conducting persons 4.2.3 Solutions to protect children, victims of child sexual abuse - Teach children about gender and sensitive areas This is the first skill, the most basic foundation of protection that parents must teach their children about gender and sensitive areas of the body In many cases, sexually abused children are unable to identify the seriousness and severity of the problem because they are still too young and lack the knowledge for it Parents need to teach children that sensitive areas of the body are only their own, and teach them how to protect their body from other people‟s touch if they not like it Summary of Chapter Sexual crimes are of high social risk that not only seriously harm and damage a person‟s dignity, but also display a serious moral decline of some people in the current period, which also cause bad public opinion In order not to lose the precious traditional values of the nation, which have been preserved 23 and promoted for many generations, and especially now that the most vulnerable subject to sexual abuse is the teenage of the future generation, who need special care and protection from the entire society Therefore, it is now necessary to improve and further strengthen the struggle and prevention of crimes The thesis has proposed very specific solutions to improve the fight against and prevention of child sex abuse such as providing solutions to the struggle and prevention of sexual abuse in southwest Vietnam in the coming time * Economic solutions: This is to eliminate or limit the impact of negative factors arising in the socio-economic development process such as unemployment, poverty, unstable employment, which have contributed to the increase in the crime situation, including child sexual abuse * Life-Culture solutions: Aims to remove the limitations and impacts from unhealthy, unethical and superstitious cultural environment, which goes against national traditions, to eliminate the hidden possibility of forming deviated characteristics, unhealthy lifestyles, bad personalities * Education solutions from Families and Schools through many positive educational methods to guide individuals to develop and complete their personality and morality, focusing on educating lifestyle ethics, spreading law, propagating the prevention of child sexual abuse, propagating the appropriate behaviors and educating children of the parents CONCLUSION Protecting children from abuse in general and sexual abuse in particular is a regular and long-term task not only in Vietnam but also around the world Millions of children worldwide are sexually abused In Vietnam in general and in southwest Vietnam in particular, child sexual abuse always accounts for a high proportion of child abuse crimes The majority of offenders that sexually abuse children are between the ages of 18 and 30, have low levels of education, are often freelance or unemployed, with poor awareness of laws and ethical social standards The motive is to satisfy individual sexual needs, the main method is to take advantage of the children‟s lack of knowledge, of the loose management for them, to commit crimes The location of the crime is mainly in the victim's house, the culprit‟s house and deserted areas Victims of abuse are mostly from the age of to under 13, of difficult families, with parents often absent from home, and children not being cared for properly 24 LIST OF PUBLISHED WORKS RELATED TO THE THESIS Diep Huyen Thao (2018), Completing criminal policies on sexual abuse of people under 16 years old in accordance with criminal laws 2015 changed and supplemented in 2017 (2/2018), Magazine of education and society ISSN 1859 - 3917 Diep Huyen Thao (2018), The child sexual abuse situation in southwest Vietnam - preventing solutions (8/2018), Magazine of education and society ISSN 1859 - 3917 Diep Huyen Thao (2018), The child sexual abuse situation and prediction of crime situation in southwest Vietnam (11/2018), Magazine of education and society ISSN 1859 - 3917 ... 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... southwest Vietnam 4.2.2.3 Solutions on life and culture of southwest Vietnam 4.2.2.4 Solutions on family-education environment 4.2.2.5 Solutions on state management of southwest Vietnam * In social... sexual abuse in Southwest Vietnam (from 2007 - 2017, supplemented 2018) - Chapter 3: Causes and conditions of the reality of child sexual abuse in Southwest Vietnam - Chapter 4: Forecast and