Crimes Against Sexual Freedom and Exploitation
Crimes Against Sexual Freedom
Sexual Assault
Numerous reports highlight cases of sexual assault. Sexual assault occurs when violence and intimidation are used against a person’s sexual freedom. It can manifest in many ways.
Penalties
Sexual assault is punishable by 1 to 4 years imprisonment. If the assault involves sexual intercourse, object insertion, or oral/anal penetration, the penalty is 6 to 12 years.
The sentence may increase to 4 to 10 years or 12 to 15 years, respectively, under the following circumstances:
- Degrading violence or intimidation.
- Two or more people involved in the attack.
- A particularly vulnerable victim due to age, illness, or condition (especially under 13).
- Abuse of a position of superiority or kinship (ascendant, descendant, or sibling).
- Use of dangerous weapons or means that can cause death, injury, loss of organ function, infertility, severe deformity, or severe mental illness.
If more than one circumstance applies, the higher penalty will be imposed.
Sexual Abuse
Unlike sexual assault, sexual abuse does not involve violence or intimidation. The perpetrator commits acts that threaten the victim’s sexual freedom, but the victim gives consent. However, sexual acts with individuals under 13, those with mental disorders, or those lacking capacity are considered non-consensual abuse.
It is also an offense if the perpetrator obtains consent by abusing a position of superiority.
Penalties
Sexual abuse is generally punishable by 1 to 3 years imprisonment or a fine of 18 to 24 months.
If the perpetrator abuses a position of superiority, the penalty is a fine of 6 to 12 months.
If the abuse involves vaginal, anal, or oral intercourse, or object insertion, the penalty is 4 to 10 years imprisonment.
Abuse of someone 13 or older but under 16 using deception is punishable by 1 to 2 years imprisonment or a fine of 12 to 24 months. If it involves intercourse or object insertion, the penalty increases to 2 to 6 years.
Sexual Harassment
Sexual harassment occurs when someone, within an employment, teaching, or service relationship, requests sexual favors for themselves or a third party. This conduct must create an intimidating, hostile, or humiliating environment for the victim.
Penalties
Sexual harassment is punishable by arrest for 6 to 12 weekends or a fine of 3 to 6 months.
The penalty can be modified depending on the circumstances:
- If the victim is particularly vulnerable, the penalty is 12 to 24 weekends of arrest or a fine of 6 to 12 months.
- If the perpetrator abused a position of power, the penalty is 12 to 24 weekends of arrest or a fine of 6 to 12 months.
- If the perpetrator abused a position of power and the victim was particularly vulnerable, the penalty is 6 months to 1 year imprisonment.
Exhibitionism and Sexual Provocation
This offense involves performing or causing another person to perform lascivious acts in front of minors or incapacitated individuals. Selling, distributing, or displaying pornographic material to minors or incapacitated individuals is also a crime.
Penalties
Exhibitionism and sexual provocation are punishable by 6 months to 1 year imprisonment or a fine of 6 to 12 months.
Prostitution and Corruption
Prostitution
Inducing someone into prostitution or causing them to remain in prostitution through violence, intimidation, deception, or abuse of power is a crime. Facilitating the entry, stay, or departure of individuals for sexual exploitation under these circumstances is also a crime.
Penalties
Prostitution is punishable by 2 to 4 years imprisonment and a fine of 12 to 24 months.
If the perpetrator is a public official or abuses their authority, the penalty is increased, and they may be disqualified from their duties for 6 to 12 years.
Penalties for prostitution are imposed in addition to any penalties for assault or sexual abuse.
Prostitution Involving Minors or Incapacitated Individuals
Inducing a Minor or Incapacitated Person into Prostitution
Inducing, promoting, encouraging, or facilitating the prostitution of a minor or incapacitated person is punishable by 1 to 4 years imprisonment and a fine of 12 to 24 months. If the perpetrator abuses a position of authority, the penalty is increased, and they may be disqualified for 6 to 12 years.
Inducing a Minor into Prostitution Through Violence or Deception
Inducing a minor or incapacitated person into prostitution through violence, intimidation, deception, or abuse of power is punishable by 1 to 4 years imprisonment and a fine of 12 to 24 months. The same penalty applies to facilitating their entry, stay, or departure for sexual exploitation.
If the perpetrator belongs to an organization involved in prostitution, the penalty is up to 4 years imprisonment and a fine of up to 24 months. If they are a public official, they may also be disqualified for up to 12 years.
These penalties are in addition to any penalties for assault or sexual abuse.
Use of Minors in Pornographic Performances
Using minors in pornographic performances, producing pornography involving minors, or financing these activities is punishable by 1 to 3 years imprisonment. If the perpetrator belongs to an organization dedicated to these activities, the penalty is 3 years.
Possessing material for these activities is punishable by 1 year in prison.
Production and Distribution of Pornographic Material Involving Minors
Producing, selling, distributing, or facilitating pornographic material involving minors is punishable by 1 year imprisonment. If the perpetrator belongs to an organization dedicated to these activities, the penalty is 3 years.
Possessing such material is punishable by 1 year in prison. Involving a minor in sexual behavior that harms their development is punishable by 6 months to 1 year imprisonment or a fine of 6 to 12 months.
Failure to Report Child Prostitution
Those who are aware of the prostitution of a minor under their custody, guardianship, or foster care and fail to prevent it or report it to authorities are punishable by a fine of 6 to 12 months. Legal proceedings will be initiated to remove custody.