LAW N ° 2033 LAW OF OCTOBER 29, 1999

HUGO BANZER SUAREZ PRESIDENT OF THE REPUBLIC

For the Honorable National Congress, it has sanctioned the following Law THE HONORABLE NATIONAL CONGRESS, DECREE: PROTECTION OF VICTIMS

CRIMES AGAINST SEXUAL FREEDOM ARTICLE 1 (OBJECT).- This Law aims to protect the life, physical and psychological integrity, security and sexual freedom of every human being. ARTICLE 2º . Modify Article 308º of the Penal Code, as follows: ARTICLE 308º (VIOLATION). Who, using physical violence or intimidation, has carnal access with a person of one or another sex; anal or vaginal penetration or introduce objects for libidinous purposes, will incur imprisonment of five (5) to fifteen (15) years. He who under the same circumstances of the previous paragraph, although he will not mediate physical violence or intimidation, taking advantage of mental illness, serious disturbance of conscience or serious insufficiency of the intelligence of the victim, or that If she is incapacitated by any other cause to resist, she will incur imprisonment of fifteen (15) to twenty (20) years. ARTICLE 3º . Include, as Article 308º Bis of the Penal Code, the following: ARTICLE 308º Bis (RAPE OF CHILD, CHILD OR ADOLESCENT).- Who has carnal access with person of one or other sex of fourteen years. Anal or vaginal penetration or to introduce objects for libidinous purposes, will be punished with deprivation of liberty of fifteen (15) to twenty (20) years, without the right to pardon, so there is no use of force or intimidation and consent is granted.

The consensual relations between adolescents over the age of twelve years are exempt from this sanction, provided that there is no difference of age greater than three (3) years, between both, and there has been no violence or intimidation.

ARTICLE 4 . Include, as Article 308º. of the Penal Code, the following: ARTICLE 308º. (VIOLATION IN A STATE OF UNCONSCIOUSNESS).- Who has carnal access, penetration

anal or vaginal or will introduce objects for libidinous purposes, to person of one sex or another, after having put it with this end in a state of unconsciousness,

ARTICLE 5º .

Amend Article 309º of the Penal Code, as follows: ARTICLE 309 (STUDY). Who, by seduction or deception, will be subject to the penalty of imprisonment of ten (10) to fifteen (15)

. have carnal access with a person of one or another sex. Greater than fourteen (14) years and under eighteen (18), he will be punished with deprivation of liberty from two (2) to six (6) years. ARTICLE 6º . Modify Article 310th of the Penal Code, as follows: ARTICLE 310 ° (AGGRAVATION).- The penalty will be aggravated in the cases of the previous crimes, with five years:

1. If any of the circumstances provided for in Articles 270º and 271st of this Code occur as a product of the violation;

2. If severe trauma or psychological harm occurred in the victim; 3. If the author was ascending, descendant or relative within the fourth degree of consanguinity or

second of affinity; 4. If the author was in charge of education or custody of the victim, or if the victim is found in

a situation of dependency or authority; 5. If two or more persons were involved in the execution of the event; 6. If the author used weapons or other dangerous means capable of producing the death of the victim;

or, 7. If the author had subjected the victim to degrading or degrading conditions.

If, as a result of the incident, the victim's death is produced, the death penalty will be applied. ARTICLE 7 . Modify Article 312º of the Penal Code, as follows: ARTICLE 312 ° (DISHONEST ABUSE).- He who in the same circumstances and by the means indicated in the articles 308th, 308th Bis and 308th Ter, will perform acts Libidinbears do not constitute carnal access, it will be sanctioned with deprivation of liberty of one to four years. If the victim is less than fourteen (14) years, the penalty will be five (5) to twenty (20) years. The penalty will be aggravated as provided for in Article 310º of this Code. ARTICLE 8º . Modify Article 317º of the Penal Code, as follows: ARTICLE 317º (COMMON DISPOSITION). There will be no sanction when the accused, in the respective cases, having no impediment, will contract with the victims, provided that there is free consent, before the sentence that causes execution. ARTICLE 9º . Modify Article 318º of the Penal Code, as follows: ARTICLE 318º (CORRUPTION OF MINORS). He who, by means of libidinous acts or by any other means, corrupts or contributed to corrupt a person under eighteen (18) years, will incur deprivation of liberty from one (1) to five (5) years. ARTICLE 10. Modify Article 319th of the Penal Code as follows: ARTICLE 319 (AGGRAVATED CORRUPTION). The penalty will be one to six years of imprisonment. 1) If the victim is under the age of fourteen. (2) If the fact is executed for profit purposes; (3) If I measure deception, violence or any other means of intimidation or coercion; 4) If the victim suffers from illness or psychic deficiency; 5) If the author is ascending, husband, brother, guardian or in charge of the education or custody of the victim. ARTICLE 11. Modify Article 320º of the Penal Code, as follows: ARTICLE 320º (CORRUPTION OF ELDERS).- Who, by any means, corrupt or contributed to the corruption of over eighteen (18) years, will be (3) months to two (2) years. The penalty will be aggravated by a half in cases 2), 3), 4) and 5) of the previous Article. ARTICLE 12. Modify Article 321st of the Penal Code, in the following form: ARTICLE 321 ° (PIMP).- Who by deception, abuse of a situation of need or of a relationship of dependence or of power, violence or threat, or by any other means of intimidation or coercion, in order to satisfy the wishes of others or with a profit motive, to promote, facilitate or contribute to the corruption or prostitution of a person of one or another sex, or force it to remain in it, shall be sanctioned with three (3) to seven (7) years of imprisonment. The penalty shall be imprisonment of four (4) to eight (8) years, if the victim is under eighteen (18) years or if the author is ascending, husband, brother, guardian or guardian of the victim. If the victim is under 14 years of age or suffering from sickness or mental impairment, the penalty shall be five (5) to 10 (10) years, despite not having the circumstances provided for in the preceding paragraph. ARTICLE 13º. Include, as Article 321º Bis. of the Penal Code, the following: ARTICLE 321 ° Bis. (TRAFFICKING OF PERSONS). The person who induces, promotes or favors the entry or exit of the country or movement within it, of persons to engage in prostitution, through deception, violence, threat or to reduce them to a state of unconsciousness for this end, will be punished with imprisonment of four (4) to eight (8) years. In case of being under eighteen (18) years, the penalty will be five (5) to ten (10) years of deprivation of liberty. When the victim is under fourteen (14) years the sentence will be six (6) to twelve (12) years of imprisonment, despite not having to mediate the circumstances foreseen in the previous paragraph. ARTICLE 14. Modify Article 101st of the Penal Code, as follows: ARTICLE 101st (PRESCRIPTION OF ACTION). The power to exercise the action, prescribes: (a) In eight (8) years, for crimes that have a custodial sentence of six (6) or more

of six years;

b) In five (5) years, for those who have been given custodial sentences under six (6) and over two (2) years;

c) In three (3) years, for other offences. In crimes punishable by an indeterminate sentence, the judge will always take into account the maximum of the sentence. In crimes of rape, abuse and sexual exploitation, of which the victims were persons under fourteen (14) years of age, exceptionally, they did not prescribe the action up to four (4) years after the victim had reached the majority. age. ARTICLE 15 (RIGHTS AND GUARANTEES). The victim of crimes against sexual freedom will have, in addition to the rights and guarantees recognized in the Constitution of the State, in the Code of Criminal Procedure and other laws, the following rights: 1. election, in the offices of the Public Ministry, the Judicial Branch or the Police

specially empowered for this type of crimes or in the associations or foundations of protection or assistance to the victims, who will channel the denunciation in accordance with the provisions of the Code of Criminal Procedure;

2. To the information since the beginning of the criminal procedure, of all its prerogatives and the consequences of each of the actions;

3. To the knowledge of all the data that it requires to participate in the development of the procedure and to have certified copies of the performances whenever I request it, without the amount that is constituted in part;

4. If you do not appear as a witness, if you consider that the evidence presented or presented is sufficient to prove the elements of the offence and the responsibility of the defendant;

5. To use, at the stage of the trial, a substitute name in those cases where participation is necessary and the reservation of advertising is not available;

6. Anonymity in the media, and not providing information about his family or his environment, which allows for his identification;

7. The forensic medical examination is carried out only once, not being able to be pressured or obliged to repeat the examination; in case you access, to be accompanied by your lawyer and people of your trust during the performance of the event. In case of a person under fourteen (14) years consent will be given by the parents or responsible parties and, for the purpose, they will be accompanied by a psychologist, his lawyer and a person of his or her trust;

8. To receive urgent, material and medical attention from state hospitals and medical centers; 9. To receive post-traumatic treatment, psychological and free sexual therapy, for the recovery of your health

physical and mental in state hospitals and medical centers; 10. To security, the investigating authority and the court are obliged to order the

measures necessary for the protection of the victim, his relatives, dependents and witnesses of charge, his domicile and possessions when he is put in danger by the likely responsible or their accomplices by acts of intimidation or retaliation;

11. To the resignation of the caret with the imputed. In case of acceptance of the victim it must be performed in the presence of its defender;

In case the victim is a minor, in addition to the previous ones, they will have the following rights: 12. The judge will appoint a guardian ad litem to represent him, when the parents or guardians are

the accused, accomplices or concealers or have no parents or responsible. 13. To be conducted under the supervision

of a psychologist or non-profit social service institutions, the prosecutor and his defense attorney at the stage of judicial police proceedings. It must be done only at the victim's home.

ARTICLE 16 (RESEARCH). The Public Ministry will have the responsibility to create, in coordination with the National Police, interdisciplinary teams that collaborate in the investigation of allegations of crimes against sexual freedom.