The judgment on the crime of sexual abuse It is issued in accordance with the provisions of article 178 and following of the Penal Code. Sexual abuse is a crime that is committed when, without consent and without intimidation or violence, acts are carried out that violate the freedom or sexual indemnity of a person.
In order to establish the sentence, it is necessary to know that non-consensual sexual abuses are the acts that are committed on people who are deprived of sense. The ones that have a mental disorder, when drugs or any substance that annuls the will of the victim are used.
What is the sentence for a crime of sexual abuse?
He article 181.1 of the Penal Code establishes a fine of eighteen to twenty-four months or a prison sentence of one to three years. The subject that without intimidation or violence and without consent, commits that violate the freedom or sexual indemnity of a person. The punishment applied to him will be as responsible for sexual abuse.
This same penalty will be applied to whoever obtains consent using a situation of superiority with respect to the victim.
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Article 181.2 of the Penal Code establishes the punishment for the person who commits non-consensual sexual abuse. This type of sexual abuse is executed in people who suffer from mental disorders, are deprived of sense.
Non-consensual sexual abuse is also committed when the will of the victim is annulled. Which is done using drugs, pharmaceuticals or any type of chemical or natural substance capable of causing such effects.
Sexual abuse of the aggravated type
Article 181.4 of the Penal Code refers to the aggravated type of crime of sexual abuse and establishes for those who commit it a prison sentence of four to ten years. This penalty will be applied when the sexual abuse is committed through carnal access through the oral, vaginal or anal route and when objects or body members are introduced through the anal or vaginal route.
This penalty will be imposed in its upper half if any of the following situations occur:
When the person who commits a crime takes advantage of a relationship of kinship or superiority. Because he is a descendant, ascendant or brother by adoption or nature or related to the victim.
In cases where the culprit uses weapons or other equally dangerous elements that can cause death or any of the injuries established in articles 149 and 150. This does not interfere with the penalty that may correspond to the injuries caused or death.
Special cases in sentencing for the crime of sexual abuse
The cases that are considered as special in the sentences of sexual abuse are those committed with minors and with people who require special attention. The penalties that apply are:
Article 183.1 of the Criminal Code establishes as responsible for sexual abuse of minors the person who performs sexual acts with a minor under 16 years of age. Which will be punished with imprisonment ranging from two to six years.
The punishment for those who engage a minor under sixteen years of age in behavior of a sexual nature for sexual purposes is found in article 183 bis. Also if they make you witness acts of a sexual nature, even if the perpetrator does not participate in said acts. The penalty established by the Penal Code is imprisonment ranging from six months to two years.
When the minor is made to witness acts where there is sexual abuse, even if the perpetrator does not participate in them. The penalty consists of imprisonment from one to three years.
The person who contacts a minor under 16 years of age through any telematic means to arrange a meeting. This with the purpose of committing the crimes established in article 183, will be punished according to the provisions of article 183 ter.
The penalty determined in the sentence is imprisonment of one to three years or a fine of twelve to twenty-four months. When the approach to the minor has been achieved through coercion, intimidation or deception, the penalty is applied in the upper half.
The person who contacts a minor under sixteen years of age by telephone, internet or any other technological means. To perform acts with the intent to deceive you into providing pornographic material, displaying pornographic images where another minor is present or appears.
The penalty imposed is imprisonment for between six months and two years.
Sentence for the aggravated type of crime of sexual abuse of minors
Article 183.3 establishes how the sentence for the aggravated type of the crime of sexual abuse of minors under 16 years of age. Which should be applied in cases of sexual abuse with carnal access via anal, oral or vaginal routes, or objects or body members introduced via anal or vaginal routes.
The penalty to be imposed when this crime is committed is imprisonment from eight to twelve years. When the sexual abuse consists of the introduction of objects or body members through the anal or vaginal route, a prison sentence of twelve to fifteen years will be imposed.
The penalties of the aggravated type and the basic type of the crime of sexual abuse of minors will be imposed in their upper half according to article 183.4, the following cases:
When sexual abuse is committed on a child under four years of age.
In cases where the minor is in a situation of total defenselessness caused by his poor physical or intellectual development.
If the aggressor endangers the health or life of the victim, this can be done due to gross negligence or willfully.
When two or more people participate jointly in the facts.
In the event that the perpetrator of the crime commits the acts using a relationship of kinship or superiority.
When the crime of sexual abuse is committed within a criminal group or organization that engages in this activity.
In the event that these are committed by a person who takes advantage of his status as a public official or authority. According to article 183.5, he will also be punished with a penalty of absolute disqualification that will be from six to twelve years.