Sexual abuse and sexual assault: how were they different? Regulation prior to...

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Since October he date on which Organic Law 10/2022 came into force , THE crime of sexual abuse DOES NOT EXIST in the Penal Code . Now, any act that violates a person's sexual freedom carried out without their consent constitutes the crime of sexual assault . If you are being investigated or are going to be prosecuted for a crime against sexual freedom committed before October 7, 2022, the Penal Code prior to the reform will apply (which was in force at the time the crime was committed) where The crimes of assault and sexual abuse were included as different criminal types. This is the case unless the current regulation offers a more favorable result to the investigated/prosecuted, in which case the Penal Code currently in force (the one after the reform) will apply. As it is still possible for the Penal Code prior to the reform to apply, we are going to explain how the crimes of sexual assault and sexual abuse were different .

We can help you At Dexia Abogados we are lawyers specializing in sexual crimes . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US Regulation prior to the reform of the Penal Code In both types of crimes, the protected legal good is sexual freedom , which is why behaviors in which the victim's participation is not free or voluntary are penalized. Jurisprudence must be taken into account, since several judicial rulings help to understand situations that are difficult to assess and prove. Especially, taking into account that these crimes are based on a DM Databases conception according to which refusal or silence in the face of an advance of a sexual nature can be interpreted as consent . Definitions of the Penal Code Crimes against sexual freedom and indemnity are classified in Title VIII, Book II of the Penal Code. sexual abuse Sexual abuse was defined by Chapter II of the aforementioned Title of the Penal Code, articles 181 et seq. It was defined as carrying out acts that violate the sexual freedom and integrity of a person without violence or intimidation and without consent .



Non-consensual sexual abuse was considered to be that which is carried out on people deprived of their senses, abusing their mental disorder . Also those that were committed by overriding the will of the victim through the use of drugs, drugs or any other substance that produces that effect. Furthermore, sexual abuse was understood to exist when the victim's consent was obtained by taking advantage of a situation of physical or social superiority. An aggravating factor of this crime was sexual abuse consisting of sexual access via vaginal, anal or oral routes, introduction of bodily members or objects through one of the first two mentioned routes. Another aggravating factor was age, since sexual abuse against minors under 16 years of age is criminalized. Furthermore, the penalties imposed would be applied in the upper half when the sexual abuse was concurrent with a situation in which the victim is in a special situation of vulnerability , or the attacker takes advantage of a situation of convenience or a relationship of superiority or relationship with the victim . sexual assault Sexual assault was defined in Chapter I of the aforementioned Title, articles .