The sentence on the crime of sexual abuse It is issued in accordance with the provisions of article 178 et seq. 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 threaten the sexual freedom or indemnity of a person.
To establish the sentence it is necessary to know that non-consensual sexual abuse is the act committed on people who are deprived of their senses. Those who have a mental disorder, when drugs or any substance that overrides the victim's will is 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 who, without intimidation or violence and without consent, commits the violation of a person's sexual freedom or indemnity. The punishment applied will be for those responsible for sexual abuse.
This same penalty will be applied to anyone who obtains consent by taking advantage of a position of superiority with respect to the victim.
Are you looking for a lawyer specializing in Criminal Law?
We help you find a criminal lawyer.
We have a wide network of collaborating lawyers.
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 carried out on people who suffer from mental disorders, are deprived of meaning.
Non-consensual sexual abuse is also committed when the victim's will is overridden. 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 a prison sentence of four to ten years for those who commit it. This penalty will be applied when sexual abuse is committed through oral, vaginal or anal carnal access and when objects or bodily members are introduced anal or vaginally.
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 guilty party uses weapons or other equally dangerous elements that may cause death or any of the injuries established in articles 149 and 150. This does not interfere with the penalty that may apply for the injuries caused or death.
Special cases in the sentence for the crime of sexual abuse
The cases that are considered special in the sexual abuse sentences They are those committed with minors and with people who require special attention. The penalties that apply are:
Article 183.1 of the Penal Code establishes that the person responsible for sexual abuse of minors is the person who performs sexual acts with a minor under 16 years of age. Which will be punished with a prison sentence ranging from two to six years.
The punishment for anyone who, for sexual purposes, makes a minor under sixteen years of age participate in behavior of a sexual nature is found in article 183 bis. Also if they make him 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 events where sexual abuse exists, even if the perpetrator does not participate in them. The penalty consists of imprisonment of one to three years.
The person who contacts a minor under 16 years of age through any electronic 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 through the telephone, internet or any other technological means. To carry out acts with the intention of deceiving you into providing pornographic material, displaying pornographic images where another minor is present or appears.
The penalty imposed is imprisonment of between six months and two years.
Sentence for the aggravated type of the 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 must be applied in cases of sexual abuse with carnal access through the anal, oral or vaginal route, or objects or body members being introduced through the anus or vaginal route.
The penalty that must be imposed when this crime is committed is imprisonment of eight to twelve years. When sexual abuse consists of the introduction of objects or bodily members through the anus 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, in 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 helplessness caused by his or her poor physical or intellectual development.
If the aggressor endangers the health or life of the victim, this may be done through serious negligence or intentionally.
When two or more people jointly participate in the events.
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 is dedicated to this activity.
In the event that these are committed by a person who takes advantage of their 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.