SEXUAL ASSAULT LAWYER

What is the crime of sexual assault under the criminal code?

The crime of sexual assault is regulated in articles 178 to 180 of the Penal Code. The criminal conduct consists of performing any act that infringes on the sexual freedom of another person without his or her consent (art. 178.1 of the Penal Code), consent that is only given if it has been freely expressed through acts that clearly express the will of the victim, taking into account the circumstances of the specific case.

Art. 178.2 of the Penal Code provides for a series of behaviors that always constitute sexual assault. Specifically, when acts of sexual content are performed:

1. Using violence, intimidation or abuse of a situation of superiority or vulnerability of the victim.
2. On persons who are sensory deprived or whose mental condition has been abused.
3. When the victim’s will is annulled for any reason.

What is the jail sentence for sexual assault?

The penalty applicable to the crime of sexual assault is 1 to 4 years imprisonment.

What are the modalities?

Attenuated mode

The judge may impose the penalty of imprisonment in its lower half or a fine of 18 to 24 months, taking into account the minor nature of the act and the personal circumstances of the perpetrator (art. 178.3 of the Penal Code).

And when is it considered rape?

Aggravated mode

On the one hand, Art. 179 of the Criminal Code regulates rape as an aggravated form of the crime of sexual assault, which can be appreciated when the aggression consists of carnal access through the vagina, anus or mouth, or the introduction of bodily members or objects through the vagina or anus. In this case, the penalty to be imposed is imprisonment from 4 to 12 years.

On the other hand, art. 180 of the Penal Code regulates a series of cases in which the prison sentence to be imposed is from 2 to 8 years (if the act constitutes sexual assault) and from 7 to 15 years (if the act constitutes rape):

1. If the acts are committed by the joint action of two or more persons.
2. When the sexual assault is preceded or accompanied by extremely serious violence or particularly degrading acts.
3. When the victim is in a situation of special vulnerability.
4. If the victim is or has been a wife or woman linked to the perpetrator by an analogous relationship of affectivity.
5. When, for the execution of the crime, the perpetrator takes advantage of a situation of cohabitation or kinship, or a relationship of superiority with respect to the victim.
6. If the responsible party uses weapons or other dangerous means, which may result in death or serious injury.
7. When, for the commission of the crime, the perpetrator overrides the will of the victim by supplying him/her with drugs, medicines or any other substance.

If two or more of the aforementioned circumstances concur, the penalties are imposed in the upper half. Likewise, if the perpetrator takes advantage of his status as an authority or public official, the judge will impose, in addition to the corresponding prison sentence, the penalty of absolute disqualification for a period of 6 to 12 years.