Aggravating circumstances of liability

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The circumstances that aggravate criminal responsibility in crimes of sexual assault are included in article 180.1 of the Penal Code and are the following: Commission of the crime jointly by two or more people. Commission of the crime preceded or accompanied by extremely serious violence or acts of a particularly degrading or humiliating nature . Commission of the crime against a person in a situation of special vulnerability due to their age, illness, disability or any other circumstance, except as provided in article 181. The victim is or has been a wife or woman who is or has been linked by a similar emotional relationship, even without cohabitation. Commission of the crime with the perpetrator taking advantage of a situation of cohabitation or kinship, being an ascendant, or brother, by nature or adoption, or related, or of a relationship of superiority with respect to the victim. Use of weapons or other equally dangerous means, likely to cause death or any of the injuries provided for in articles 149 and 150 of this Code, without prejudice to the provisions of article .

Commission of the crime with the perpetrator overriding the will of the victim by supplying him with drugs, drugs or any other natural or chemical substance suitable for this purpose. Performing acts of a sexual nature with a person deprived of sense or will due to the consumption of drugs would already be sexual assault, however, this provision provides for an aggravation when the person performing the sexual acts is the same DM Databases person who has also supplied said drugs or substances. These circumstances will be considered as aggravating circumstances, unless they have been taken into consideration for the classification of the crime itself. Sentence mitigation clause Article 178.4 of the Penal Code provides that when the sexual assault is of little importance depending on the circumstances of the event and those of the guilty party , the prosecuting body may impose the prison sentence in its lower half (from 1 year to 2 years and 6 months) or a fine of 18 to 24 months .



It is understood that here the legislator is thinking about the type of "sexual abuse" that the Penal Code referred to before the reform (for example, touching the butt of a person walking down the street without their consent). The application of this sentence mitigation clause will only be possible provided that these circumstances are met : That the acts have not been carried out with violence, intimidation or on a victim whose will has been annulled for any reason. That none of the aggravating circumstances included in article 180 CP occur. That the sentencing body reasons the decision in the sentence. To apply this clause, the sentencing court must base its decision on the sentence and justify the minor nature of the case. Contest of crimes clause Article 194 bis of the Penal Code adds that crimes against sexual freedom will be punished without prejudice to the penalties that apply for the specific acts of physical or mental violence that are carried out. The penalties provided for in the crimes of this title will be imposed without prejudice to any that may apply for acts of physical or psychological violence that are carried out.