He crime sexual assaultIt is the crime committed against the sexual freedom of a person and in this the rape. being the same crime sexual assault committed against the will of the victim through the non-consensual sexual act.
In these situations it is also done through the introduction of objects into your sexual organs. He crime sexual assault it is included in articles 178 to 180 of the penal code.
Understanding the crime of sexual assault
The basic typology of the crime sexual assault punishes those behaviors that, when mediating violence or intimidation in its execution. Where there is no prior consent of the victim, and threatens the sexual freedom of the latter.
The particularity is that carnal access does not occur or introduction of members of the body or other persons. This includes vaginal, anal or oral objects that violate the integrity of others.
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Who attacks the freedom sexual of another person resorting to violence or intimidation will be punished. As the perpetrator of the crime of sexual assault with a prison sentence of one to five years.
The Criminal Code seeks to protect the rights to freedom and compensation. The objective is to cover a series of penalties for crimes of sexual assault, through its definition.
The sexual freedom It is the free determination of an individual's willingness to consent to physical contact of a sexual nature. It is said that it is the freedom to use one's body for sexual purposes at our disposal.
Involved in this is the freedom to choose a partner with whom to have sexual relations. Sexual freedom is also understood as the power to oppose or actively defend the sexual intercourse.
The right to sexual compensation corresponds only to incapable persons or minors. As long as both have not reached the maturity necessary to determine freely in the field of their sexuality.
The protected legal assets they are the sexual freedom of people. It is evaluated as the free determination of a subject to consent or not to physical contact of a sexual nature.
The law contemplates the sexual tolerance minors or incapable, for not having reached sexual maturity. It is a fraudulent and active crime and can be punished to a certain extent.
Involvement of the crime sexual assault
In the sexual violence there must be contact with a sexual content in which the erogenous zones are involved. The implication extends to the genital organs of the victim.
To evaluate these acts, the jurisprudence takes into account the spirit libidinous of the author and the scope of the action. The evaluation expands to the point of customs and social habits.
The assault or intimidation It must be related to the act persecuted by the aggressor. The violence must be physical and sufficient to achieve the desired purpose.
Intimidation consists of threatening the victim in action or verbally. You must be credible enough to perform a sexual act that the victim would not otherwise have tolerated.
The aggravated type of the crime of sexual assault is explained in article 179 of the Penal Code. The aggravated type of the crime of sexual assault, rape, is included.
The aggravated sexual assault It occurs when there is carnal access through the vaginal, anal or oral route. When members of the body or objects are introduced vaginally or anally, without the consent of the victim.
In these cases it occurs through violence or abuse according to article 179 of the penal code. The person in charge will be penalized as convicted of violation of a prison term of six to 12 years
The basic type is punishable by imprisonment from one to five years. In case of rape, this penalty is reduced from six to twelve years.
The illegal act is much more serious because it savagely violates the freedom or the sexual compensation.
Increase in penalties for the crime of sexual assault
Certain circumstances may increase the sanction as stated in article 180.
When the violence or intimidation it is particularly demeaning or humiliating. When the crime is committed by the joint action of two or more people.
If the victim is particularly vulnerable, whether because of your age, illness, disability or situation. Except in the cases provided for in article 183.
When the offender has prevailed in a relationship of superiority or kinship by nature or adoption. When the author uses weapons or other equally dangerous means that can cause death or injury.
Injuries are provided for in articles 149 and 150 of the Penal Code. Without prejudice to the penalty that may correspond to the death or injuries caused.
If two or more of these circumstances occur, the sanctions provided for in article 180 will be pronounced in the upper half.
The above conduct will be sanctioned with prison sentences of five to ten years for the attacks of article 178. It will be from twelve to fifteen years for those of article 179, when certain circumstances occur.
Nature of article 178 in the Spanish Penal Code
The nature of article 178 excludes bodily contact of the subject asset (author) with himself or with third parties. It is enough to determine the victim to contemplate them, in life or by means of instruments technicians.
Nor will they constitute typical acts (punished) the cases in which the active subject (perpetrator) make the victim expose himself. In general, in these cases, it is naked, without bodily contact with him.
The voyeuristic behaviors they are excluded from the types of sexual assault, in which the subject is reduced to contemplating. In it crime sexual assault there is talk of secretly looking at the victim's body parts.
Cases of fetishism as in the case of forcing the victim with intimidation to hand over underwear to the perpetrator. They are outside the scope of article 178 of the penal code.
Consummation of the crime sexual assault
The structure of the penal type of article 178 will be necessary for the sexual relationship itself to take place. HE apply contact body with the victim, otherwise, we will face an attempt.
He crime sexual assault of article 178 is consummated when the aggressor commits the attack on sexual freedom. Accompanied with violence or intimidation, even if it does not obtain erotic satisfaction.
only the acts of sexual nature they will constitute typical sexual assaults, that is, they represent a manifestation of the sexual instinct.
Any action by which the aggressor intends to involve another person in a sexual context.