Wolfenson represents his clients against sensitive crimes of a sexual nature.
With a solid specialization in the area of sexual crimes, our firm provides technical and professional legal advice in cases related to sexual abuse, rape, rape and other similar cases that affect the freedom and sexual compensation of both minors and adults, granting an effective legal planning and strategy for defendants and victims.
Applying in-depth knowledge of the different aspects covered by this criminal type, forensic psychology and constant practice, we deliver adequate planning in the most sensitive and pressing matters of our clients.
Wolfenson tries to provide each client with the attention and specialty that their case demands.
Here is a brief legal guide to provide you with guidance on sexual offenses:
What are sexual crimes?
Sexual crimes are all those acts that violate the sexual freedom and sexual compensation of people, regardless of their age, social status, race, ethnicity, sex or nationality.
Boys and girls are more vulnerable to being victims of these crimes by an older person, since physical force, pressure or deception are often used. In this area there is no consent of the victim , less in the case of minors , because they have experiences, biological maturity and expectations very different from those of an adult.
In most cases, sex crimes occur through a gradual process and not in a single event. Among the most frequent sexual crimes are rape and sexual abuse , and in the case of having victims under 14 years of age, they always constitute crimes that must be reported.
The violation consists of carnally, vaginally, anally or orally . Sexual abuse , on the other hand, is the performance of a sexual action , different from carnal access, such as: touching or kissing in an area of sexual connotation ; simulation of sexual act ; exhibit or record pornographic material particularly to minors or witness shows of the same nature, among others.
What is pedophilia?
Although Chilean law does not specifically use the word " pedophilia ", it does criminalize carnal access by vaginal, anal or oral route to a person under fourteen years of age, even when there is no force, intimidation or inability of the victim to defend himself .
Other conduct is considered child abuse:
Sex with a minor, involving introducing objects orally, vaginal, anal or involving animals.
Pay for sexual services of minors.
In general, any sexual act that affects the genitals, anus or mouth of a minor.
What is Rape ?:
Rape is carnal access , through the aforementioned channels, to a minor but over 14 years of age taking advantage of a disturbed mental state, abusing some position of authority (boss, tutor or person in charge of their care), taking advantage of the neglect of the victim or his sexual inexperience or ignorance.
Sexual offenses according to sexual orientation?
A carnal homosexual relationship with a minor under 18 years of age is punished, even when the conditions that define rape or rape are not met .
What are the penalties associated with said crimes?
Rape of a minor under fourteen : From 5 years and one day to 20 years.
Rape : From 3 years and one day to 10 years.
Homosexual relationship with a minor: from 61 days to 3 years.
Involving minors in sexual acts with animals or introducing objects: When there are circumstances that are defined as rape (using force or when the victim cannot resist), 5 years and one day at 15 years; from 5 years and one day to 20 years if the victim is under 14 years of age, and from 3 years and one day to 10 years if the victim is between 14 and 18 years old and the conditions for rape are met.
Pay for sexual services of a minor: 3 years and one day to 5 years.
Any other sexual act other than rape , carried out in an abusive manner with minors: 3 years and one day to 5 years if the victim is between 14 and 18 years old, and from 3 years and one day to 10 years if the victim is under 14 years.
Exposing minors to pornography for excitement: From 541 days to 5 years.
Have minors perform sexual actions to excite another: 3 years and one day to 5 years.
Producing pornographic material: 3 years and one day to 5 years.
Marketing, importing, distributing, disseminating or exhibiting pornographic material , whatever its medium, in the production of which minors under eighteen have been used: from 3 years and one day to five years.
Facilitate prostitution of minors: 3 years and one day to 5 years.
Who can report child abuse?
Although the ideal is for the victim or her legal representative (father, guardian, etc.) to file a complaint with the Justice , anyone can do so if they know of a case of this nature. That, regardless of whether the Police initiate their own investigations, especially when they affect minors.
Is there protection for victims?
The Police must give immediate protection to the affected minor , and may even take him to a closed area, such as foster homes. The Public Ministry can also protect whistleblowers and witnesses with measures such as police protection or isolate them from the perpetrator.
Can those convicted of these crimes work with minors?
There is a penalty of perpetual absolute disqualification for positions, jobs, trades or professions exercised in educational fields or that involve a direct and habitual relationship with minors for those convicted of sexual crimes against minors under 18 years of age. The penalty of temporary absolute disqualification can also be applied for an extension of three years and one day to ten years.
Those convicted of sexual crimes against a minor will also be sentenced to the penalties of interdiction of the right to exercise custody and to be heard as relatives in the cases that the law designates, and subject to the supervision of the authority during the ten years after the completion of the main sentence .
Can those convicted of sexual offenses against minors obtain parole?
Most of those convicted of various crimes can seek parole by serving half the sentence. But those who are sentenced for some serious crimes , defined by legislation, can only apply when serving two thirds of the sentence. Among other crimes, it is the case of those convicted of rape of a person under 14 years of age , those convicted of committing sexual acts with minors under 14 years of age, for producing pornography with minors under 18 years of age, for facilitating child prostitution or for participating in child sexual exploitation , forced child labor, servitude and slavery of children and adolescents and those who facilitate the commission of these crimes .
What does the law understand as a crime of rape?
The crime of rape consists of vaginal, anal or oral penetration or the attempt of it, which, according to the age of the victim, is divided into two classes:
1.- Own rape , that is, "that which is carnally accessed, vaginally, anally and orally, by a person over 14 years of age" ( Penal Code , Art.361)
2.- Improper rape , that which "carnally, vaginally, anally, and orally, accessed a person under the age of 14" ( Penal Code , Art.362).
Where are Sexual Offenses regulated in Chile?
Our Penal Code (CP) punishes the following crimes of sexual connotation regulated in the indicated articles:
Own rape (over 14 years of age) ( Article 361 of the CP )
Improper rape (of a minor under 14 years of age) ( Article 362 of the CP )
Complex crimes associated with the crime of rape:
Rape with homicide ( Article 372 bis of the CP )
Theft with violation ( Article 433 No. 1 of the CP )
Kidnapping with violation ( Article 141, final paragraph of the CP )
Abduction of minors with rape ( Article 142 final paragraph of the CP )
Rape ( Article 363 of the CP )
Juvenile sodomy crime
Sodomy ( Article 365 of the CP )
Sexual abuse crime
Aggravated or qualified sexual abuse ( Article 365 bis of the CP )
Own or direct sexual abuse ( over 14 years of age) ( Article 366 of the CP )
Own or direct sexual abuse (of a minor under 14 years of age) ( Article 366 bis of the CP )
Improper or indirect sexual abuse or exposure of minors to acts of sexual significance. ( Article 366 quater of the CP )
Crimes of sexual exploitation of minors, associated with pornography
Production of pornographic material ( Article 366 quinquies of the CP )
Trafficking or dissemination of pornographic material ( Article 374 bis subsection 1 of the CP )
Acquisition or storage of pornographic material ( Article 374 bis subsection 2 of the CP )
Relating to prostitution
Favoring child prostitution ( Article 367 of the CP )
Obtaining sexual services from minors or improper favors ( Article 367 ter of the CP )
Trafficking of minors for the purpose of prostitution ( Article 411 quáter of the CP )
Wolfenson Abogados provides excellent legal advice with criminal lawyers specialized in sexual crimes.
Links of interest on Sexual Offenses :
1.- Penal Code
3.- Chilean Prosecutor's Office - Sexual Offenses
If you need more information and legal advice regarding sexual crimes, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.