Fleeting touching of minors They are a sexual crime as established in the Penal Code, articles 181 and 182. The body contact without consent that has sexual meaning 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 psychological conditions in minors.
What are fleeting touching of minors?
Sentence 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, it must meet the following requirements:
There must be a obscene touching, bodily contact or any other materialization or exteriorization with sexual meaning. He body contact, can be performed directly on the body of a passive subject by an active subject.
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The touching can also be ordered by the active subject so that the passive subject performs it on his body and it must be imposed. Any act that involves bodily contact without consent and with a tendency or subjective sexual meaning is a attack on sexual freedom about the person who suffers from it.
These acts all constitute a crime of sexual abuse that is established and punished in the Penal Code, article 181.
What is the crime of sexual abuse?
He Penal Code In Title VIII of crimes against sexual freedom and indemnity, it 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 are not sufficiently sexually mature. This occurs when sexual abuse is committed on incapable persons or minors. Another good 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 to or refuse bodily contacts and acts of a sexual nature.
Non-consensual sexual abuse occurs in people who suffer from a mental disorder or are deprived of consciousness. This abuse is also committed when cancels the will of the victim with the use of drugs, drugs or any type of chemical or natural substance.
Crime of sexual abuse of minors
The crime of sexual abuse of minors is considered by the Penal Code as a crime against sexual freedom and indemnity. This is defined in article 181.1 and establishes a punishment for whoever commits it.
The punishment for this crime when committed without violence or intimidation and without consent is imprisonmentWhich can vary between one to three years or a fine of between eighteen to twenty-four months.
Non-consensual sexual abuse according to the Penal Code will be those 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. As long as the author is a person close to the minor by degree of maturity or development and age.
Crime of sexual abuse of minors with attacks
Cases of the crime of sexual abuse of minors with attacks will be punished with imprisonment between two and six years. Which is typified in article 183 of the Penal Code.
Crime of sexual abuse of minors with carnal access
Cases of sexual assault or abuse in minors when they involve carnal access via anal, oral or vaginal routes. The punishment of imprisonment between eight and twelve years will be imposed on the person responsible.
Cases of sexual abuse where objects or body members are introduced through the anal or vaginal route. The punishment of a prison sentence of 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 crime of sexual assault a minor with a prison sentence of between five and ten years.
This same penalty will be imposed when 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.
Aggravating forms of the crime of sexual abuse of minors
Crimes of sexual abuse of minors, with carnal access, violence and aggression will be punished with a prison sentence in the upper half. This is when any 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 state of defenselessness. 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 intentionally endangers the health or life of the victim.
Cases in which the intimidation or violence exerted is of a particularly humiliating or degrading nature.
When the acts have been committed within a group or criminal organization that is dedicated to carrying out this type of activities.
Cases in which, to carry out the crime, the person responsible uses his or her relationship or superior relationship with the victim.
Crimes of sexual abuse of minors, with carnal access, violence and aggression committed by authorities, officials or public agents will be punished. For this, the corresponding penalty plus absolute disqualification of between six and twelve years will be imposed.
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:
Body contact target element
This element consists of touching in an obscene way to the person, also when carrying out any other activity that has a sexual meaning.
Tendential or subjective element
This element consists of a behavior 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 alone, with the victim and the aggressor only present.
The main evidentiary element In these cases it is the victim, for this reason the greatest protection must be given during the procedure. Which has a double purpose which is the following:
Avoid the appearance of physical and psychological consequences which generally occurs in victims of this crime.
The other purpose is protect the main evidence direct 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 their personality. It also seeks to prevent the victimization of minors.
The participation of minor victims of the crime of sexual abuse in judicial procedures has been regulated. This is through Circular 3/2009 issued by the State Attorney General's Office (FGE).
This circular aims provide protection to minor witnesses and victims. It also points out that children between 2 and 7 years old 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 greater cognitive development.
When does the crime of sexual abuse of minors occur?
Sexual abuse of minors occurs when a minor is required by another person to have sexual contact. To commit it, the person uses deception, threats, physical force or the offer of gifts or money.
This abuse it can be physical where there is fleeting 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.