English - CEDAW Southeast Asia

CEDAW and the Law:
(i) require health providers to document and report all cases of domestic violence.
When requested, to provide a medical report on the examination free of charge
in public hospitals and clinics, and on a socialized fee in private hospitals and
clinics;
(j) information relating to the identity of the victim must be kept confidential at all
times, unless disclosure is requested by the victim;
(k) when the victim is applying for a protection order, the People’s Committee or the
court must not unduly discourage pursuit of it;
(l) mediation or conciliation must not apply in cases of domestic violence where
the victim cannot make choices independently or is traumatized from the violence;
(m) provide for inter-agency coordination to address domestic violence;
(n)enumerate the responsibilities of each ministry or agency in addressing domestic
violence.
As point out, the review, although based on the context prior to the passage of the law,
is still useful to check whether recommendations provided were addressed in the new legal
documents.
Indicator 24
Rape and other Forms of Sexual Assault
Indicator 24(a)
Indicator 24(b)
Indicator 24(c)
Indicator 24(d)
Are rape and other forms of sexual assault prohibited
How are ‘rape’ and ‘other forms of sexual assault’ defined
Does it include broad range of sexual assault acts
Does consent of a child to sexual acts operate as a defence
in the crime of rape and other forms of sexual abuse
Is marital rape an offence
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Rape
Rape and other forms of sexual assault are prohibited by law as follows:
Article 111 of the Penal Code states that those who use violence, threaten to use violence or
take advantage of the victims’ state of being ‘unable for self defense’ or resort to other tricks
to have sexual intercourse with the victims against the latter’s will be sentenced to between
two and seven years imprisonment. The penalty is increased to 7-15 years in the following particular
circumstances: (a) being of an incestuous nature; (b) making the victim pregnant; and
(c) committing the crime where the offenders know that they are living with HIV/AIDS.
Rape against children
Article 112 of the Penal Code states that those who rape children aged between 13 and under
16 years will be sentenced to 7-15 years imprisonment. The imposable penalty is increased in
the following particular circumstances: (a) being of an incestuous nature; (b) making the victim
pregnant; and (c) committing the crime where the offenders know that they are living with
HIV/AIDS. All cases of sexual intercourse with children under 13 years old are considered rape
Review of key legal documents and compliance with CEDAW