Spanish criminal law uses the legal term sexual assault to refer to sexual acts that are committed without the consent of the victim. In which the sexual freedom of another person is violated with violence or intimidation.
The sexual assault in the Spanish Penal Code is among the crimes against sexual freedom and indemnity. Same as him crime of sexual abuse which are acts that violate the freedom or sexual indemnity of another person without consent, but without intimidation or violence.
What is sexual assault?
He crime of sexual assault They are all those acts of violent sexual content that are committed against a person without their consent. The basic type of this crime punishes behaviors that violate sexual freedom with intimidation or violence without the consent of the victim.
But in this act there is no carnal access or the introduction of objects or body members through the anal, oral or vaginal route. It is an intentional crime and for it to be committed there must be a sexual contact involving the erogenous zones and the genital organs of the victim.
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The legal right protected in the crime of sexual assault it is the sexual freedom of people. It also protects the right of an individual to consent or not to consent to physical contact of a sexual nature. It also protects the sexual indemnity of the disabled or minors because they have not reached sexual maturity.
The regulation of the crime of sexual assault is found in Title VIII within the crimes against freedom and sexual indemnity. In Chapter I called sexual assault, from article 178 to 180 of the Penal Code. The clear and precise definition of this crime and how it is punished is explained in article 178.
What is the penalty for the crime of sexual assault?
The penalty applied to the crime of sexual assault the basic type is imprisonment for one to five years. Article 180 of the Criminal Code establishes other situations that increase the penalty, especially the crime of rape. Among these situations are the following:
When the acts of intimidation or violence have a particularly vexatious or degrading form.
In the event that the crime is committed with the participation of two or more people.
When the victim is especially vulnerable, due to illness, age or disability.
In the event that the perpetrator of the crime has used a relationship of superiority or kinship with the victim for the commission of the crime.
When the perpetrator uses weapons or other equally dangerous means to commit the crime. Which can cause death or any of the injuries stipulated in articles 149 and 150 of the Penal Code.
In cases where two or more of these situations concur, the penalties provided in article 180 will be applied in their upper half.
What is the crime of sexual abuse?
He crime of sexual abuse They are acts that violate the freedom or sexual indemnity of a person. The acts are committed without the consent of the victim, but there is no intimidation or violence.
Non-consensual sexual abuse are those acts that are committed against a person deprived of sense. Also in people who have a mental disorder, when drugs, pharmaceuticals or any other substance that causes the victim to lose will are used.
The Criminal Code, the legal right that protects in the crime of sexual abuse are the rights of freedom and sexual indemnity. Where freedom is the right that a person has to consent to physical contact of a sexual nature.
Sexual indemnity only corresponds to minors or incapable persons because they do not have the necessary maturity to decide on their sexuality. The regulation of this crime is found in Title VIII within crimes against sexual freedom and indemnity. In Chapter II called sexual abuse, in article 181 and 182 of the Penal Code.
What is the penalty for the crime of sexual abuse?
He article 181.1 of the Penal Code establishes that whoever commits a crime will be punished with imprisonment or a fine. The penalty will be from 1 to 3 years and the fine from 18 to 24 months.
The penalty is aggravated according to article 181.4 of the Criminal Code in cases where the crime of sexual abuse has had carnal access. Which occurs through the mouth, anal or vaginal route, or body members or objects are introduced. The punishment for whoever commits this crime will be a prison sentence of 4 to 10 years.
Article 182 establishes a penalty of imprisonment from two to six years when the acts consist of carnal access through the oral, vaginal or anal route. Also when objects or body members are introduced anally or vaginally.
Article 182.1 establishes a prison sentence of one to three years for anyone who performs acts of a sexual nature with persons over sixteen and under eighteen years of age. This is done by taking advantage of a position of authority, trust or influence over the victim.
What are the main differences between the crime of sexual assault and the crime of sexual abuse?
Sexual assault and sexual abuse in the criminal sphere are not the same, and in the Spanish Penal Code they are well differentiated. These are two crimes that consist of performing sexual acts against the will of a person, they are punishable acts, with different punishments.
What sexual abuse and sexual assault have in common is that a sexual act is committed without the consent of the victim. In case of considering the severity, it can be said that sexual assault is more serious than sexual abuse.
The main differences between assault and sexual abuse are in the use of violence or intimidation. The crime of sexual abuse is committed without intimidation or violence. The crime of sexual assault is committed with intimidation or violence.