How are sexual freedom and indemnity different?

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We can conclude that the difference between sexual freedom and sexual indemnity that existed in the Penal Code until the law of only yes is yes is that while sexual freedom protected adults, sexual indemnity did the same with minors. age or people with disabilities in need of special protection. Since the reform, and as has already been noted, sexual indemnity is considered to integrate sexual freedom , in its formation phase. Saray Contreras Fresneda Saray Contreras Fresneda Lawyer specializing in criminal law . She graduated in Law from the Complutense University of Madrid (2013/2017 class) and a Master's Degree in Access to the Law Professioclass). In 2019 he successfully took the Bar Access exam and since June of that same year he has been part of the Illustrious Bar Association of Madrid (member numbeThat the crime has been committed by at least two people, together. That, before or during the attack, extremely serious violence or especially degrading or humiliating acts have been exerted on the victim.

That the victim is a person in a situation of special vulnerability due to age, illness, disability or any other circumstance, except as established in article 181 (which specifically regulates sexual assault on minors under 16 years of age). That the victim is or has been a wife or woman who is or has been linked by a similar emotional relationship, even without cohabitation. That the aggressor has taken advantage of a situation or DM Databases relationship of coexistence or superiority with respect to the victim. That the aggressor has used weapons or other equally dangerous means, which may cause death or some of the injuries provided for in articles 149 and 150 of this Code, without prejudice to the provisions of article 194 bis. That, to commit the crime, the aggressor has overridden the will of the victim by providing him with drugs, drugs or any natural or chemical substance suitable for this purpose. These are the only differences between sexual assault and rape in terms of their legal consequences.



Furthermore, a series of common provisions established in article 190 et seq. of the Penal Code are applied to both crimes, which operate for crimes against sexual freedom . Of these common aspects, one of the most important is that in both crimes it is necessary, to proceed, the complaint of the victim or his legal representative, or a complaint from the Public Prosecutor's Office (that is, they are semi-public crimes ). If the victim is a minor , a person with a disability in need of special protection or a helpless person, it will be enough for them to report to the Public Prosecutor's Office. Finally, we must remember that, among the behaviors that constitute sexual assault, there are those that, before the entry into force of the yes-is-yes law , constituted a crime of sexual abuse . the penalties are: From 2 to 8 years for sexual assault in its basic modality. From 5 to 10 years for sexual assault with violence, intimidation or if the victim had his will annulled. From 7 to 15 years for rape. From 12 to 15 years for aggravated rape.