Regarding fleeting touching of minors


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Fleeting touching of minors They are a sexual offense as established in the Penal Code, articles 181 and 182. The bodily contact without consent that has sexual significance is considered an attack on sexual freedom.

Fleeting touching of minors is a attack on dignity of the person and the correct development of sexuality. Which can cause physical and mental conditions in minors.

What are fleeting touching of minors?

Judgment No. 632/2019, dated December 18, establishes that fleeting touching of minors is a criminal offense of the sexual abuse. To be considered as such, you must meet the following requirements: 

There must be a obscene touching, bodily contact or any other materialization or exteriorization with sexual significance. He body contact, can be performed directly on the body of a passive subject by an active subject. 

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Touching can also be ordered by the active subject for the passive subject to do it on his body and it has to be imposed. Any act that involves bodily contact without consent and with biased or subjective sexual significance is a attack on sexual freedom about the person who suffers from it.

These acts are all constitutive of a crime of sexual abuse that is established and punishable in the Penal Code, article 181. 

What is the crime of sexual abuse?

He Penal Code in Title VIII of the crimes against sexual freedom and indemnity, regulates the crime of sexual abuse. This crime It is defined in Chapter II of sexual abuse, articles 181 and 182. 

The crime of sexual abuse is defined in the Penal Code as acts that are committed without intimidation, violence or consent. Which violates the indemnity or sexual freedom of a person. 

The law protects the sexual indemnity of people, especially when it is commented on people who do not have sufficient sexual maturity. This occurs when sexual abuse is committed on disabled or minors. Another of the goods that the law protects is sexual freedom, which is a right that people have.

Sexual freedom consists of the power that people have to consent or refuse bodily contact and acts of a sexual nature.

Non-consensual sexual abuse occurs in people who suffer a mental disorder or are deprived of meaning. This abuse is also committed when nullifies the will of the victim with the use of drugs, drugs or any type of chemical or natural substance. 

Crime of sexual abuse in minors

The crime of sexual abuse of minors is considered by the Penal Code as a crime against freedom and sexual indemnity. This is defined in article 181.1 and establishes a punishment for those who commit it.

The punishment for this crime when it is committed without violence or intimidation and there is no consent is imprisonment.Which can vary between one to three years or a fine of between eighteen and twenty-four months. 

Non-consensual sexual abuse according to the Penal Code will be those that are carried out in under sixteen years. When these are committed with the consent of the minor, no penalty will apply, according to the Article 183 of the Penal Code. Provided that the perpetrator is a person close to the minor by degree of maturity or development and age.

Regarding fleeting touching of minors
Regarding fleeting touching of minors

Crime of sexual abuse in minors with assaults

The cases of crime of sexual abuse in minors with aggressions will be punished with imprisonment between two and six years. Which is typified in article 183 of the Penal Code. 

Crime of sexual abuse in minors with carnal access 

The cases of assault or sexual abuse in minors when they are with carnal access by anal, oral or vaginal route. The person responsible will be punished by imprisonment between eight and twelve years.

Cases of sexual abuse where objects or body members are introduced through the anal or vaginal route. The penalty of imprisonment for twelve to fifteen years will be imposed on the deceased.

Crime of sexual abuse of minors with violence

When the crime of sexual abuse of minors is committed using intimidation or violence, the person responsible will be punished. This punishment will be for the crime of sexual assault to a minor with a prison sentence between five and ten years. 

This same penalty will be imposed when using the intimidation or violence to force a minor to engage in sexual acts. With the participation of a third party or make them about yourself.

Aggravated forms of the crime of sexual abuse of minors

The crimes of sexual abuse in minors, with carnal access, violence and aggression will be punished with a prison sentence in its upper half. This when some of the following situations exist:

When the abuse is committed with the joint participation of two or more people.

The acts are committed on a person who is in a defenseless state. This is due to their poor physical or intellectual development or when they are under four years of age.

When the person who commits the acts recklessly or willfully endangers the health or life of the victim.

Cases in which the intimidation or violence exerted is of a particularly vexatious or degrading nature.

When the facts have been committed within a criminal group or organization that is dedicated to carrying out this type of activity.

The cases in which for the execution of the crime, the person responsible uses his kinship or his relationship of superiority with the victim.

The crimes of sexual abuse in minors, with carnal access, violence and aggression committed by authorities, officials or public agents will be punished. For this, the corresponding penalty will be imposed plus absolute disqualification between six and twelve years.

Elements of the crime of sexual abuse

To consider the existence of a crime of sexual abuse, the law establishes a series of elements. These elements are the following:

Objective body contact element

This element consists of touching obscenely to the person, also when performing any other activity that has a sexual meaning. 

Tendential or subjective element

This element consists of conduct that entails lewd acts or also when it is done with the purpose of achieving sexual satisfaction to the detriment of the other.

Judicial procedure for sexual abuse of minors

The crime of sexual abuse of minors is generally committed in solitude, with the mere presence of the victim and the aggressor.

the main evidentiary element for these cases it is the victim, for this reason the greatest protection must be given to him during the procedure. Which has a double purpose that is the following:

Avoid the appearance of physical and psychological consequences that generally occurs in the victims of this crime.

The other purpose is save the main evidence that exists in the criminal process.

When the victim is a minor, the protection measures are greater, with the sole purpose of avoiding a negative impact on his personality. It also seeks to prevent the victimization of minors.

The participation of minor victims of the crime of sexual abuse in legal proceedings has been regulated. This through Circular 3/2009 issued by the State Attorney General's Office (FGE).

 This circular is intended provide protection minor witnesses and victims. He also points out that children between the ages of 2 and 7 show limitations as witnesses. This leads to drastically restricting the prolongation of procedural actions in them. Unlike children between 7 and 11 years old, who have a greater cognitive development.

When does the crime of sexual abuse of minors occur?

Child sexual abuse occurs when a minor is forced by another person to have sexual contact. To commit it, the person uses deceit, threats, physical force or offering gifts or money. 

this abuse can be physical where there is fugitive touching, the minor is forced to have sexual relations. Also when the person touches himself in front of the minor or touches him or forces him to touch him.

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