Crimes against sexual freedom, sexual assault, sexual harassment, sexual abuse, exhibitionism and sexual provocation, crimes related to prostitution and the provisions common to all of the above constitute a crime under the Penal Code.
Crimes against Sexual Freedom
Crimes against sexual freedom and intimacy are those that protect freedom and self-determination in the sexual sphere, they are also closely related to the free development of the personality.
The seriousness of the penalties that these crimes have is according to their results.
With these crimes, the capacity of every adult person to decide whether or not to carry out certain behaviors or maintain or refuse to maintain specific sexual relations with others is protected. Which leads to indirectly protect the rights inherent to the dignity of the person and the right to free development of the personality in sexual matters.
Another thing to keep in mind in crimes against sexual freedom is that they are generally difficult to prove. The accusations of assault and sexual abuse are normally based only on the victim's statement, regarding which the jurisprudence has established the requirements that must be met to refute the presumption of innocence.
Criminal Code Crimes against Sexual Freedom
Sometimes, together with the sexual crime, other crimes occur such as an illegal detention, an injury, a robbery, which means punishing both crimes according to the rules provided in the Penal Code.
On the other hand, the Criminal Code includes special provisions regarding these crimes, with the following content.
-To prosecute aggression, harassment or sexual abuse, a complaint is required from the person affected by the crime, a legal representative or the Public Prosecutor's Office, who will act, in any case, when the victim is a minor.
- The forgiveness of the offended, does not cause, the file of the cause.
- Criminal responsibility is aggravated if the perpetrators of this crime were ancestors or guardians, requesting that they also be imposed the penalty of disqualification from exercising the rights of parental authority, guardianship or office for a period of six months to six years.
-In the condemnatory sentences that are handed down, the pronouncements that correspond to the affiliation and fixation of food will be made.
-In the crimes of exhibitionism, sexual provocation and prostitution, which end with conviction, if establishments or premises have been used for this, the temporary closure of the same for up to five years may be decreed in a sentence or as a precautionary measure.
Other things to consider in this type of crime.
The fundamental protected legal right is freedom, in its aspect of sexual self-determination. It includes the following criminal figures: sexual assault, sexual abuse, abuse and assault on minors under 16 years of age, sexual harassment, exhibitionism and sexual provocation, prostitution and corruption of minors. The author is considered to be the one who directly or materially carries out the act, the one who helps in a decisive way and the one who, being able to prevent it, does not. When you commit other crimes along with those previously explained, the prizes that can fall to you are like the Christmas jackpot.
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