Indice
The crime of rape or also called sexual assault appears in articles 178 to 180 of the Penal Code. The basic category of sexual assault punishes acts that mediate violence or threats when committed and without the prior consent of the victim, threatening sexual freedom without physical access, meat or the introduction of members of the body or other vaginal, anal or oral objects.
The protected legal rights are the human right to sexual freedom (the freedom to determine who consents or does not consent to physical contact of a sexual nature). The right of minors to sexual reparation after reaching the age of sexual maturity, this is a fraudulent and active crime, and can be punished at the level of attempt.
It is because of this that here we are going to tell you a little more about everything related to sexual assault. This so that you can help both a victim and yourself in case you think that you were vulnerable to this situation.
What exactly is Sexual assault?
To take into account that it is actually committed the crime of sexual assault is going to have to exist a contact that is sexual where erogenous zones or the genitals of the victim are involved. To appreciate such acts, the jurisprudence it takes into account the libidinous spirit of the creator, the entity of the performance and the uses and social practices.
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Likewise, the violence or intimidation must be related to the act persecuted by the attacker. The violence must be physical and sufficient to obtain the desired objective, in which intimidation is supported by threatening the victim by word or deed.
In addition to that it must be credible enough to perform a sexual act that the victim would not have tolerated.
Sexual assault is a term in criminal law, which is widely used in the Spanish legal system. Where it is classified as a crime that includes any act of sexual violence without the consent of the victim.
What are sexual assault laws for?
These laws serve to fully protect the sexual freedom of each person, including situations where there are aggravating factors. Among which we will be able to highlight a violent penetration and without consent which would be called rape.
The appearance of crimes of "sexual assault" in Spain it is part of an international trend to reform sects and the way in which the concept of "sex offenders" is organized. This while removing the suppression of names like "rape" and "sexual assault." As moral weight for the damage suffered by the victim.
Sexual assault with non-consensual penetration, is understood as “moral murder” or “filth”. which is present when a sex offender is understood as an attack on the honesty of the victim.
The crime of sexual assault in Spain is different from the crime of sexual abuse both include non-consensual conduct with sexual content. But we will explain this a little later.
What legal property is protected from sexual assault?
When examining a series of sanctions aimed at crimes of sexual assault, the Criminal Code seeks to protect sexual freedoms and restitution. The two terms refer to the following:
- sexual freedom
According to legal experts in the field, sexual liberty is the freedom to determine an individual's willingness to consent after physical contact of a sexual nature. It is also said to be the freedom to use one's body for sexual purposes at one's discretion. or the freedom to choose one or more sexual partners for sexual relations.
In other words, sexual freedom is also understood as the power to oppose or actively protect oneself from sex.
How exactly can sexual assault be different from sexual abuse?
Although sexual assault and sexual abuse are two crimes committed while carrying out sexual acts against the will of the victim, punish punishable acts differently.
Sexual assault requires actions to disclose violence or intimidation of the victim, on the other hand, sexual abuse is committed without violence or intimidation. Therefore, sexual assault is a more serious crime than sexual abuse.