Procedures for sexual crimes against minors increase every day, according to the information provided by the State Attorney General's Office. Which makes it necessary to seek to implement urgent measures to reduce the occurrence of this type of crime that marks the lives of minors.
The sexual crimes against minors are among the crimes against sexual freedom and 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 anyone who commits the crime of 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, which corresponds to the types of crimes and their penalties.
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He crime of sexual assault and abuse to minors, is classified in article 183 of the Penal Code. Where it is established that whoever performs acts of a sexual nature with a minor under sixteen years of age will be punished.
The punishment will be as those 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 sexual assault and abuse of minors is committed with carnal access orally, vaginally or anal or buccal. The penalty imposed is imprisonment that varies between eight and twelve years.
In cases where the crime of sexual assault and 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 of 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 Internet
The classification of the crime of sexual assault and 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, the Internet or with the use of any technological means contact a minor under sixteen years of age. Proposing to arrange a meeting to commit any of the crimes against minors established by law will be punished.
The punishment will only be imposed when the proposal is accompanied by material acts that seek a close up. The 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 penalties applicable for the crime committed against the minor.
When the approach is achieved through intimidation, deception or coercion, intimidation, the penalty imposed will be in its upper half.
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 sexual 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 committed against minors will be punished with 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 people.
When the victim is under four or has little physical or intellectual development that would have placed them in a situation of complete helplessness.
In cases where the intimidation or violence exercised have a particularly vexatious or degrading character against the victim.
When the person responsible for the crime has seriously endangered serious recklessness or maliciously harms the health or life of the victim.
If to carry out the crime the person responsible has used a relationship of kinship or superiority. Because he was a brother by adoption or nature, ascendancy or by having a relationship of affinity with the victim.
When the crime was committed within a criminal group or one that is dedicated to carrying out this type of activities.
Judicial procedure for the crime of sexual abuse of minors
Crimes of sexual abuse against minors are generally committed alone, where only the aggressor and the victim. Therefore, for the judicial procedure and achieving a sentence, the victim becomes the person of greatest evidentiary importance.
For this reason, the victim must be subject to the greatest protection during the duration of the procedure. This has two purposes: to protect who is the most important evidence for the Judicial procedement and avoid denigration and victimization.
Judicial procedures for the crime of sexual abuse of minors take special care of the victim. For this, special treatment is given and measures or precautions. The purpose of which is to provide protection, prevent victimization and prevent these events from negatively influencing their personality.