The latest cases in Spanish courts question the description of the crime of rape in the Penal Code. Specifically, they are classified as crimes against sexual freedom and compensation.
These crimes are found in Title VIII of Book II and do not include the word rape. The Government aims to promote the reform through partial amendments, from the adaptation of the Code to the crime of rape.
The guidelines on sex crimes established by this standard were maintained 'substantially” practically until 1996. These abuses included, anal penetration; and also men as victims, whenever there was force or intimidation.
The determination of the crime of rape in law
In the Current legislation of the Penal Code of 1995, several changes were pointed out that generated controversy. Separation was carried out sexual assault of the sexual abuse.
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It is taken into account that none of them is done by legitimate assent, but only the first requires violence or intimidation. The other relevant change is that the word insult has disappeared from the standard.
The articles stipulate that before the crime of rape For sexual assault with violence or intimidation there is a penalty. Specifically, the penalty is 1 to 4 years in prison.
If this aggression consists of carnal access, introduction of objects or oral or anal penetration, the penalty was 6 to 12 years in prison. introduced the aggravating factors of group aggression, the particular vulnerability of the victim and the relationship.
The disappearance of the word rape sparked much debate in Congress and the Senate. Several changes were introduced in the organic laws and the term of the offense was reinstated in 1999.
A specific mention of the compensation and sexual freedom as a protected legal asset. The word guilty has been replaced by responsible and the age of sexual consent has been raised to 13 years.
Changes in the reforms on the crime of rape
The section on sexual assault, without carnal access, has remained unchanged in article 178. It is necessary to clarify that the concepts of vaginal carnal access have been modified.
The sentence was introduced, the person responsible is sanctioned as guilty of rape. This element remains in code.
The corresponding sentence has not changed: from 6 to 12 years in prison.
In the aggravating circumstances of the group assault, the minimum was reduced from three to two people. The possible use of weapons by crime of rape with a sentence of 1 to 3 years.
In 2003 the typical description was expanded to include the introduction of limbs. In 2010, the maximum penalty for sexual assault non-carnal increased up to 5 years.
In the last reform in 2015 the age of sexual consent has been raised to 16 years. A permanent prison is set up for murder cases in which a crime is committed. crime against sexual freedom.
According to what is established in article 178, he will be penalized as responsible for a crime of sexual assault. Where the sexual freedom of another person is violated, through the use of violence or intimidation.
He crime of rape It is regulated in article 179, it is an aggravated form of sexual assault. In this case there is carnal access through the vaginal, anal or oral route, or access of members or objects of the body.
Relevant aspects between sexual assault and the crime of rape
Given the sanctions for sexual assault and rape there are different typifications. For the crime of sexual assault, the prison sentence is from 1 to 5 years.
For him crime of rape, the prison sentence is from 6 to 12 years. In these cases the circumstances and facts in the case will create elements that aggravate the penalty.
Article 180 includes aggravating circumstances, increasing from five to ten years the penalties for sexual assault.
In the case of crime of rape It is from twelve to fifteen years, when it is committed for certain facts.
If the aforementioned acts are demeaning or humiliating. If it is the result of the joint action of two or more people.
When the victim is particularly vulnerable due to a particular situation. If the perpetrator of the crime enjoys a position of superiority, this involves kinship, ascending, descending.
These cases will be given both by nature such as by adoption, or by being a relative of the victim. The use of weapons or dangerous objects that endanger the life of the victim is included.
The seriousness is that they can cause injuries such as the loss of an organ. If 2 or more of the above circumstances coincide, the penalties in the upper half.
Crime of rape and sexual assault against minors under 16 years of age
In article 183, the person who practices sexual acts with minors under sixteen can be penalized. Being found guilty of sexual abuse of minors with a prison sentence of two to six years.
These acts imply carnal access through the vaginal, anal or oral route, or the introduction of a member of the body. The law provides for other objects by any of the aforementioned channels.
The culprit must fulfill a imprisonment eight to twelve years old. If you also use violence or intimidation, you may be punished for the crime.
In this field of crime of rape or sexual assault on a minor with a penalty of five to ten years in prison.
The penalty will be the same if it forces the minor to participate in sexual acts with another person or with yourself. If these acts imply carnal access by any of the aforementioned routes, the case is different.
The perpetrator will be responsible for the violation of a minor and must notify. The penalty stipulated by the penal code is imprisonment from 12 to 15 years.
In cases in which the penalty is aggravated, it will depend on whether the victim could not have defended himself. The circumstances are due to his poor intellectual or physical development, suffering from a mental illness or being under four years of age.
HE aggravates when the culprits are two or more people or the acts have a degrading or humiliating nature. It should be considered when the life or health of the victim is in danger.
Is a criminal organization or group dedicated specifically to this type of activity. If the person in charge has made use of his authority, the penalty of absolute disqualification from six to twelve years will be applied.
