Sexual Abuse: Types, Penalties, and Legal Aspects

Posted on Oct 5, 2024 in Law & Jurisprudence

Sexual Abuse

Sexual abuse encompasses behaviors previously known as statutory rape. It involves sexual acts without violence or intimidation. Legal distinctions do not consider aggression, the gender of participants, or specific sexual acts. The key difference lies in the absence of consent, including cases of fraud or coercion where consent is invalid.

Without Sexual Abuse: Basic Type

This involves sexual acts without intercourse or penetration. Even with apparent consent, it’s considered abuse if consent is irrelevant (e.g., due to mental incapacity) or presumed absent (e.g., due to incapacitation by drugs). This includes cases where the victim’s will is overridden by drugs or other substances.

Under Thirteen

Article 183

  1. Acts against a child under thirteen are considered sexual abuse, with a prison sentence of two to six years.
  2. Acts involving violence or intimidation result in a five-to-ten-year sentence.
  3. Acts involving vaginal, anal, or oral intercourse, or penetration, result in an eight-to-twelve-year sentence (without violence) or a twelve-to-fifteen-year sentence (with violence).
  4. The above sentences are increased if any of the following apply:
    • The victim is under four years old or has limited intellectual or physical development.
    • Two or more people are involved.
    • Violence or intimidation is particularly degrading or humiliating.
    • The perpetrator used a position of authority (e.g., family member).
    • The child’s life was endangered.
    • The crime was committed within a criminal organization.
  5. If the perpetrator abused a position of authority, an additional six-to-twelve-year disqualification penalty applies.

Article 183 bis

Contacting a child under thirteen via internet, phone, or other technology to arrange a meeting for any offense described in articles 178 to 183 and 189, with actions aimed at meeting the child, is punishable by one to three years imprisonment or a twelve-to-twenty-four-month fine. Higher penalties apply if coercion, duress, or deception was used.

Sense Deprivation

This refers to cases where the victim is unconscious, drugged, or otherwise unable to consent, creating a presumption of lack of consent. This can be due to the victim’s condition, a third party’s actions, or the perpetrator’s actions (e.g., administering a sleeping pill).

Mental Abuse

This involves sexual acts with a victim suffering from a serious mental disorder preventing them from understanding sexual consent. The disorder doesn’t need to be permanent or pathological; emotional or affective disorders are included. The perpetrator must be aware of the victim’s inability to understand the sexual act.

Sexual Abuse of Preval: Basic Type

This carries the same penalties as other types of sexual abuse, but here consent is given, albeit not freely. The perpetrator holds a position of superiority (economic, educational, etc.), exploiting the victim’s vulnerability or immaturity. The perpetrator must be aware of their influence and use it to obtain consent for sexual acts.