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On sexual abuse and assault on children under the age of sixteen years

Specialist Lawyers in Sexual Abuse and Assault on Children in Spain

Spanish Criminal Code

On sexual abuse and assault on children under the age of sixteen years

 

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Article 183

 
1. Whoever perpetrates acts against the sexual indemnity of a child under the age of sixteen years shall be convicted of sexual abuse of the child, with a sentence of imprisonment from two to six years.

2. When the assault takes place by means of violence or intimidation, the offender shall convicted of the offence of sexual assault of the child, with the punishment of five to ten years imprisonment.

3. When the assault consists of vaginal, anal or oral penetration, or inserting body parts or objects into either of the former two orifices, the offender shall be punished with a sentence of imprisonment from eight to twelve years, in the case of Section 1 and with the punishment of twelve to fifteen years, in the case of Section 2.
 
Specialist Lawyers in Sexual Abuse and Assault on Children

Specialist Lawyers in Sexual Abuse and Assault on Children in Spain

 

4. The conducts foreseen in the preceding three numbers shall be punished with the relevant sentence of imprisonment in its upper half when any of the following circumstances concur:

a) When the scarce intellectual or physical development of the victim has caused a situation of total defencelessness and, in all cases, when under four years old;

b) When the acts are committed by the joint action of two or more persons;

c) When the violence or intimidation made are of a particularly degrading or humiliating nature;

d) When, in order to execute the offence, the offender has availed himself of a superiority or relationship, due to being the ascendant, descendent or brother, biological, adopted or in-law of the victim;

e) When the offender has endangered the life of the minor;

f) When the offence has been committed within a criminal organisation or group with the purpose of perpetrating those activities.

5. In all the cases foreseen in this Article, when the offender has availed itself of his condition as an authority, agent or public officer thereof, the punishment of absolute barring from six to twelve years shall also be applied.


 

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Article 183 bis

 
Whoever uses the Internet, telephone or any other information and communication technology to contact a person under the age of sixteen years and proposes to meet that person in order to commit any of the offences described in Articles 178 to 183 and 189, as long as such a solicitation is accompanied by material acts aimed at such an approach, shall be punished with the penalty of one to three years imprisonment or a fine of twelve to twenty- four months, without prejudice to the relevant penalties for the offences actually committed. The penalties shall be imposed in the upper half when the approach is obtained by coercion, intimidation or deceit.
 


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