Índice
The crimes against sexual freedom and indemnity They protect freedom and independence in the sexual sphere. Which are factors closely related to the free development of personality and privacy.
He crime against freedom It is the one that threatens the physical freedom or movement and the freedom to act of the people. He crime against privacy It is a criminal offense that violates the fundamental right to privacy.
Definition of the crime against sexual freedom and indemnity
The definition of crime against sexual freedom and indemnity They are found in Title VIII of Book II, in article 178 to 194 of the Penal Code. In which different types of crimes are collected such as abuse, harassment and sexual assaultAlso included are crimes of prostitution and exhibitionism.
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These crimes protect the following legal right:
The ability of people of legal age in full use of their mental or physical faculties to decide whether or not to perform certain sexual behaviors. Just like having or refusing to have sex with other people.
The right that people have to not suffer physical or moral damage as a result of the development of these actions. The mental well-being of the minor is also protected, as well as their adequate development, their social integration, and the incapable in sexual assaults.
Crimes against sexual liberty and indemnity
Articles 178 to 194 Penal Code pick up the crimes against sexual freedom and indemnity, they are:
crime of sexual harassment
This crime is defined in article 172 of the Penal Code, as it is committed by people who hold power. For which they request sexual favors with the aim of humiliating, intimidating or coercing another person. It can be of the physical, verbal or non-verbal type.
The person who habitually or continuously requests sexual favors for himself or a third party, causing the victim a hostile, intimidating and humiliating situation. He is punished as the author of sexual harassment, with arrest of between 6 and 12 weekends or a fine of 3 to 6 months.
The person who commits sexual harassment using their position of hierarchical, educational or work superiority. Causing a wrong in the victim will be imposed a fine of 6 to 12 months or arrest of between 12 and 24 weekends.
Those accused of committing sexual harassment of especially vulnerable people, due to their age or illness, will be punished. The punishment will be imprisonment from 6 months to a year, a fine from 6 to 12 months or arrest from 12 to 24 weekends or imprisonment from 6 months to a year.
crime of sexual abuse
This crime is regulated in article 181 of the Penal Code. Which establishes sanctions for those who, without violence or intimidation, and without consent, commit acts that violate the freedom or sexual indemnity of any person.
It consists of any action that pressures or forces a person to perform a sexual act that they do not want to do.
The penalties apply when the crime is committed under a situation of superiority, it is imprisonment of 1 to 3 years or a fine of 18 to 24 months.
In cases where the crime of sexual abuse has had carnal access through the anal, oral, or vaginal route, or the introduction of bodily members or objects, the sentence imposed is imprisonment for between 4 and 10 years.
crime of sexual assault
This crime consists of accessing the body of another person to perpetrate a directly sexual action, which is done without consent and with violence. Rape is also considered a crime of sexual assault.
For sexual assault, a prison sentence of between 1 and 5 years is imposed.
He crime of rape Sexual abuse is punishable by a prison sentence of between 6 and 12 years.
When the crime of sexual assault is aggravated, a prison sentence of between 5 and 10 years is imposed, for rape the sentence imposed is between 12 and 15 years.
offense of exhibitionism
This crime consists of acts of obscene exhibition before people with disabilities who require special protection or minors. The sentence imposed is imprisonment from 6 months to one year or a fine of 12 to 24 months.
This crime is also committed with the sale, dissemination or exhibition of pornographic material without consent. The penalty is imprisonment for between six months and one year or a fine of between 12 and 24 months.
crime of prostitution
This crime consists of forcing a person to engage in prostitution by means of deceit, intimidation or violence. Also using a situation of superiority, vulnerability. The punishment is a prison sentence of 2 to 5 years and a fine of 12 to 24 months.
He crime of prostitution It is also committed by the person who profits from the prostitution of other people, even with their consent. The penalty consists of a fine of 12 to 24 months and imprisonment of 2 to 4 years.
Crime of discovery or disclosure of secrets
This is a crime against privacy and is defined in article 197.1 of the Penal Code. It is committed by whoever seizes letters, messages or any other type of documents, by whoever intercepts communications, with the aim of violating the privacy or revealing a person's secrets without their consent.
The penalty for this crime is imprisonment of one to four years and a fine of one to two years.
Crime of discovery of secrets by electronic devices
The regulation of this crime is found in article 197.2 of the Penal Code, which establishes a prison sentence of one to four years and a fine of one to two years. It is committed by whoever modifies, uses or seizes personal or family data found on computer media without authorization, to cause harm to the owner.
