He crime sexual abuse It is that act that, without the prior consent of the victim, violates sexual freedom. They are acts constituting a crime and are punishable in the Code Penal.
This crime is found in Title VIII (crimes against freedom and sexual compensation). In the Penal Code there will be Chapter II (on sexual abuse) with the articles 181 and 182.
The clearest definition of sexual abuse is the one detailed in article 181.1 of the Penal Code. Where is the penalty established for a crime sexual abuse with a custodial sentence of one to three years.
Rights before the crime of sexual abuse
There are two legal rights protected: sexual freedom and sexual compensation. Sexual freedom is the free decision of the will of an individual to consent to actions.
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Physical contact of a sexual nature is enabled, as well as the power to oppose them. Sexual compensation refers to minors or disabled people, those people who have not reached the necessary sexual maturity.
In the case of sexual violence, a prison sentence of 1 to 5 years is set. It will be article 178 and the subsequent ones of the criminal code, this prison sentence is aggravated from 6 to 12 years.
It will be evaluated when the sexual assault It consists of carnal access through the vaginal, anal or oral route. The added element is the introduction of members or corporal objects by one of the first two routes.
The above behaviors will be punished with a custodial sentence of 5 to 10 years and 12 to 15 years. These must incur in certain circumstances, such as: violence or intimidation of a particularly degrading or humiliating nature.
It is evaluated considering the joint action of two or more people or that the victim is particularly vulnerable. This vulnerability depends on age, illness, disability or situation, except as provided in article 183.
The aspect to consider is when the person responsible for the crime has prevailed in relation to superiority or kinship. This element depends on whether he is an ascendant, descendant or brother, by nature or adoption, or relative of the victim.
an aggravating factor sexual assault is when the perpetrator uses weapons or other equally dangerous means. Being the object of these elements to be capable of causing death or injury.
Crime of non-consensual sexual abuse for criminal purposes
Article 181.2 includes the definition of sexual abuse for criminal law. Establishes what is meant by non-consensual sexual abuse all that is committed on people deprived of mind.
In this situation, it is evaluated that he suffers from a mental disorder or who are abused by the use of drugs. This includes other substances that affect the willingness to replace the victim.
It is understood by non-consensual sexual abuse the one perpetrated on people who have been deprived of meaning. Whose mental disorders are abused, as well as those committed to denying the will of the victim.
The elements are exercised through the use of drugs or other natural or chemical substances suitable for this purpose. Which leads to the inability to defend himself when deprived of his senses in its entirety.
It is important to note whether consent was obtained to the detriment of the prevalence of a situation of superiority. In circumstances that keep the victim under alibi, the sanction provided for in article 181 is applied. 1.
Aggravation of the penalty for the crime of sexual abuse
the penalty for sexual abuse of another person may be increased if they occur in certain circumstances. These will depend on the provisions of articles 181.4 and 184.5
As explained above, if the sexual abuse consists of physical access through the vaginal, anal or oral route. What leads to the person responsible for crime sexual abuse to a prison sentence of four to four ten years.
The sanctions specified in this article are applied in the upper half if the third or fourth circumstance occurs. These will be those provided for in article 180, section 1 of the Penal Code.
The elements mentioned in the penal code in these articles contemplate a series of sanctions against crimes sexual abuse. The legal good that is protected is the rights to sexual freedom and compensation.
sexual freedom is free determination of the will of an individual to consent to sexual contact of a sexual nature. It is the freedom to use one's body for sexual purposes, according to the disposition or the freedom to choose.
This means that you are free to have one or more partners for the sexual intercourse. Included is the power to actively oppose or defend yourself against sexual acts.
Sexual compensation This legal right is only open to disabled people or minors, without any of them having reached the necessary maturity to be able to freely determine their sexuality.
The sexual compensation it means the right to healthy sexual development without outside interference. The concurrence is about people without sense or suffering from a mental disorder, and even when they override the will.
If he consent it was obtained imperfectly due to a pre-evaluation. In these cases, he takes advantage of a situation or position of superiority over the victim.
Crime sexual abuse with a minor
When the victim of sexual abuse is under 16 to 18 years of age and the act is committed by deceit. The abuse takes place before a recognized position of trust, authority or influence.
In these circumstances, the offender will be punished with a prison sentence of one to three years. He deception it must be decisive and sufficient for the victim to consent.
If the act consists of vaginal, anal or oral carnal access, or the introduction of members or bodily objects. By either of the first two routes, the expected penalty is from two to six years.
This sanction will be imposed in its upper half if the 3rd or 4th circumstances of the article 180.
Behind the Penal Code reform in 2010, chapters II to VIII were introduced. The degree focuses on the 'Violence and sexual assault against children under 16 years of age”.
Among articles 183, 183 bis, 183 ter and 183 quater, more severe penalties are provided. These consider those who sexually abuse of children under 16 years of age.
Anyone who engages in sexual acts with a child under the age of 16 will be liable for the sexual abuse of a minor. He will be punished with two to six years in prison.