Sexual freedom is understood as that part of freedom referring to the exercise of one’s own sexuality.
This concept is fully applicable to all those persons of full age of their physical or psychic faculties, which allow them to discern the consequences of their choices related to their own sexuality.
For all minors or incapable persons, the Penal Code provides for the term «sexual indemnity», understood as the prohibition to practice sexual relations of any type with minors under thirteen years of age, thereby protecting the development of their personality, thus avoiding important alterations that might link their personality in the future.
In the case of incapacitated persons, the concept of sexual indemnity is understood in the sense of preventing the victim of a crime from supplanting his or her will.
The most common crimes against sexual freedom and indemnity are sexual aggression (rape), harassment and sexual abuse, and we also find figures such as exhibitionism or the crime of prostitution.
DIFFERENCE WITH SEXUAL ASSAULT AND PROOF OF CONSENT
Anyone who, without violence or intimidation and without consent, commits acts that violate the freedom or sexual indemnity of another person shall be punished, as the perpetrator of sexual abuse, with imprisonment of one to three years or a fine of eighteen to twenty-four months.
As can be deduced from this precept, «consent» is an essential element of the type without which there would be no crime. In practice this requirement presents many difficulties when it comes to being proven, so the jurisprudence has estimated criteria such as:
■ The absence of resentment or enmity of the victim with the accused
■ The credibility or plausibility of the victim’s testimony
■ Persistence in the denunciation
■ The absence of contradictions during the substantiation of the procedure
This article also speaks of «acts that violate the freedom or sexual indemnity of another person», whose framework will always oblige us to assess them within a context, since as we have seen with other crimes, the same act may or may not have a sexual connotation according to the circumstances that accompany it, thus affecting its legal interpretation. The act of kissing another person may or may not constitute an offence of sexual abuse, depending on the circumstances in which it occurs.
Our recommendation in a situation such as this, is to consult without delay, a Law Firm Specialists in Sexual Abuse, which accredits the experience and professionalism that your case needs.
SEXUAL ABUSE OF PERSONS DEPRIVED OF REASON OR SENSE
«For the purposes of the preceding paragraph, non-consensual sexual abuse is deemed to be that committed against persons who are deprived of sense or whose mental disorder is abused, as well as that committed by cancelling the will of the victim through the use of drugs, drugs or any other natural or chemical substance suitable for that purpose.
In this point the Legislator refers specifically to the crime of Sexual Abuse, but when this is carried out on people deprived of reason or sense, which refers to a person who has for example a mental disorder that prevents him from giving his consent specifically to a sexual relationship or to a person who is «sleeping» devoid of meaning.
On the other hand, the norm also includes the case of people who do not have the capacity to give their consent, because their will is annulled as a consequence of the use of:
«drugs, drugs or any other natural or chemical substance suitable for this purpose».
The proof of these assumptions will require the expert evidence deemed relevant, and as in the previous point, the facts must be assessed within a context that will condition its legal interpretation.
The aforementioned Abuse must have a fraudulent character, determined by the condition that the active subject has abused the circumstance (for example a mental disorder), which has led the passive subject to lose reason or sense.
Entrust your case to a team of Sexual Abuse Attorneys.