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The procedures for crimes to minors are increasing every day, according to information provided by the State Attorney General's Office. What makes it seek to implement urgent measures to reduce the occurrence of this type of crime that marks the lives of minors.
The sex crimes against minors are among the crimes against freedom and sexual indemnity, according to the Penal Code. This crime is acts that are committed without consent and without intimidation or violence.
How are sexual crimes against minors punished?
The punishment for those who commit crimes sexual abuse against minors under 16 years of age, is found in the Penal Code. It is defined as a crime against sexual freedom and indemnity and is regulated in article 181.1.
This is the first article belonging to Chapter II, which is called the sexual abuse, in Title VIII, in Book II that corresponds to the types of crimes and their penalties.
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He crime of sexual assault and abuse to minors, is typified in article 183 of the Penal Code. Where it is established that whoever performs acts of a sexual nature with a child under sixteen years of age will be punished.
The punishment will be as the person responsible for having committed sexual abuse against a minor and a prison sentence of between two and six years will be imposed.
Crime of sexual abuse of minors through carnal access
When the crime of assault and sexual abuse of minors is committed with carnal access orally, vaginally or anally or buccally. The penalty imposed is imprisonment, which varies between eight and twelve years.
In cases where the crime of assault and sexual abuse of minors is committed with the introduction of objects or bodily members through the vagina or anus. The person who commits this crime will be punished with a prison sentence of twelve to fifteen years.
Crime of sexual abuse of minors with intimidation or violence
When the crime of sexual abuse of minors is committed with intimidation or violence, the person responsible will be punished. This will be for the crime of sexual assault to a minor under 16 years of age and will be given a prison sentence of between five and ten years.
This penalty will also be applied when a minor under sixteen years of age is forced through intimidation or violence. To perform acts of a sexual nature on oneself or to participate in them with a third party.
Crime of sexual abuse by Internet
The definition of the crime of assaults and sexual abuse of minors with the use of the internet is found in article 183 of the Penal Code. Which establishes the following:
The person who through mobile devices, Internet or with the use of any technological means contact a minor under sixteen years of age. To propose to arrange a meeting to commit any of the crimes against minors established in the law will be punished.
The punishment will only be imposed when the proposal is accompanied by material acts that seek a close up. The corresponding penalty for this crime is imprisonment of one to three years or a fine of between twelve and twenty-four months, in addition to the corresponding penalties for the crime committed against the minor.
When the rapprochement is achieved through intimidation, deceit or coercion, intimidation the penalty imposed will be in its upper half.
negative certification
People whose profession or activity they carry out is linked to regular contact with minors require a negative certification. This is in accordance with the provisions of Law 26/2015, dated July 28, which is issued by the Central Registry of sex offenders.
This document certifies that the person has not been convicted of final sentence for having committed a crime of sexual abuse against minors under 16 years of age.
What are the aggravating factors in the crime of sexual abuse of minors?
The different types of sexual crimes against minors that are committed will be punished with the imprisonment correspondent. But in its upper half when they are committed and any of the following situations are present:
In the event that the acts are committed with the participation of one or more persons.
When the victim is under four or have little physical or intellectual development that would have placed them in a situation of complete defenselessness.
In cases that the intimidation or violence exerted have a particularly vexatious or degrading character against the victim.
When the person responsible for the crime had endangered serious reckless or fraudulent to the health or life of the victim.
If to carry out the crime the person responsible has validated a relationship of kinship or superiority. Because he was a brother by adoption or nature, ascendant or by having an affinity relationship with the victim.
When the offense has been committed within a criminal group or one that is dedicated to carrying out this type of activity.
Judicial procedure for the crime of sexual abuse of minors
The crimes of sexual abuse against minors are generally committed in solitude, where only the aggressor and the victim. Therefore, for the judicial procedure and to achieve a sentence, the victim becomes the person of greatest probative importance.
For this reason, the victim must be subject to the greatest protection during the duration of the procedure. This has two purposes that are to protect who is the most important evidence for the Judicial procedement and avoid the denigration and victimization.
Judicial proceedings for the crime of sexual abuse of minors pay special attention to the victim. For this, it is given special treatment and established measures or precautions. The purpose of which is to provide you with protection, prevent your victimization and prevent these events from negatively influencing your personality.
