Sexual Assault Penal Code
The crime of SEXUAL ASSAULT IN THE PENAL CODE, has been the object of reform in recent times, having jumped the news, constantly, opening newscasts in the media on the subject of SEXUAL ASSAULT PENAL CODE. We all know perfectly well the Law that has given rise to the modification of the SEXUAL ASSAULT PENAL CODE, which is the famous law of “only if it is yes”.
To know a little more closely the CRIME OF SEXUAL ASSAULT PENAL CODE we have contacted him BEST SEXUAL ASSAULT CRIME LAWYER IN SPAIN, who is JAVIER RINCÓN, director of RINBER ABOGADOS, LAWYERS SPECIALIST IN SEXUAL CRIMES), so that from his point of view, as an EXPERT IN CRIMES SEXUAL, brings us closer to the LEGAL REGULATION OF SEXUAL ASSAULT PENAL CODE.
Much has been said about the toughening of sentences for crimes of sexual assault. What is your opinion, Mr. Rincón?
The Spanish Criminal Code establishes different types of crimes with penalties proportional to their seriousness, and each type of crime has its own specific penalties. The criminal justice system seeks that the penalties are proportional to the seriousness of the crime and the guilt of the perpetrator, following the principle of individualization of the penalty.
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More serious crimes, such as manslaughter, generally carry higher penalties, which can include long-term imprisonment or even life imprisonment in certain especially serious cases. On the other hand, crimes against freedom are also penalized according to their seriousness, but their penalties may be different depending on the nature of the crime and the specific circumstances of the case.
What effectively draws the attention of the general public is that a crime of homicide is punishable by between 10 and 15 years, which entails the loss of a human life, and aggravated sexual assault can be punished by 15 years.
Logically, each case will have to be considered individually, that is, on a case-by-case basis, since indeed, the principle of individualization of the sentence must operate...
And what is the principle of individualization of the sentence in the crime of sexual assault Mr. Rincón?
The principle of individualization of the sentence is also applied to the crime of sexual assault in the Spanish Penal Code. This principle establishes that when imposing a sentence for a crime of sexual assault, the judge must take into account the particular circumstances of the crime and the offender to determine the appropriate sanction.
Spanish Penal Code
In the Spanish Penal Code, (LA SEXUAL ASSAULT PENAL CODE), the crimes of sexual assault are regulated in Title VIII, Chapter II, Section 1, which includes articles 178 to 181 bis. Article 178 defines sexual assault, while Article 179 deals with the crime of penetrative sexual assault. These crimes may include, but are not limited to, rape and serious sexual assaults.
When imposing the sentence for a crime of sexual assault, (LA SEXUAL ASSAULT PENAL CODE), the judge takes into account various factors, including the seriousness of the crime, the circumstances of the act, the consequences for the victim and the personal circumstances of the aggressor. Judges may also apply mitigating or aggravating circumstances to adjust the sentence according to the particular situation of the case.
In addition, it is relevant to take into account that the Spanish Penal Code considers the commission of sexual crimes against minors and people with disabilities to be especially serious, which can lead to higher penalties.
It is essential that judges take all these factors into account when determining the sentence, seeking that the sentence imposed is fair and proportionate to the crime committed, and taking into account respect for the rights and dignity of the victim and the accused. The goal is to ensure that each case is treated individually and that the penalties are appropriate to the seriousness of the sexual assault and the guilt of the offender.
In any case, if you have any questions related to this serious crime, do not hesitate to contact the number 1 office in Spain, do not hesitate to contact RINBER ABOGADOS.