The children are maybe the most important sector in our society, and we as a country must do our best in order to protect and provide the best conditions for it development, because is well known that they are our future, and depending on how we take care of them we will see the results.
In order to get this suitable environment, at least children must have a decent life level, nutritive food, clothing, access to culture, education, have a warm family, where they can feel protected, play, learn, love and feel loved.
Protecting children from sexual abuse is a priority, in the penal code the article 159 sanctions the rape in under aged and incapable person, it says that the person that has vaginal or anal access with a kid under fifteen years old or with another person taking advantage of his or her mental alienation, unconsciousness state or the incapability of resisting, will be sanctioned with fourteen to twenty years of prison.
Sometimes the person who suffered the pain of a raping experience with the time in an adult age, there is a big possibility that he will turn a raper himself transforming this situation into a vicious circle.
It is necessary to protect our children from sexual predators and never leave a kid under our responsibility alone or in the hands of a person that we don’t really know or these kind of incidents can happen.
In the other hand, our legislation also punishes the estupro, that comes from the latin word stuprum that comes from the Greek stypto which is a rape, the difference is that this action is made to a teenager biologically capable for reproduction but however under aged, in our legislation, the age for committing estupro is over fifteen years old and under eighteen years old.
The article 163 says that the person whom had vaginal or anal access by deception, with a person over fifteen years old and under eighteen years old, will be punished with four to ten years in prison.
And we find also the estupro by taking advantages of superior circumstances in the article 164, that calls that the person whom had vaginal or anal access with a teenager over fifteen years old and under eighteen years old, taking advantages of the superiority that comes from any kind of relationship, will be punished with six to twelve years in prison.
It is important to make clear the content of this article, it is reason of confusion of many people; when are arrested, they argument that they never forced the victim, the victim was never obligated to practice any sexual conduct, is normal to hear the argument that the victim made the action by his or her own will.
Famous people in our country have been involved in similar cases, where they express that they have been deceived, explaining that they previously asked the age of the supposed victim, they didn’t know the exact age and never forced or obligated to consummate the sexual action.
As previously was mentioned, it is important to protect the children from this sexual behaviors, however there are cases where the victim tries to take advantage from the protection that the law offers to the underage teenagers, lying about the age, consummating the sexual act and latter blackmailing the person, asking for money or threatening with telling the authorities about the situation.
It is necessary to explain that to consummate the punishable action is not necessary to force or the use of strength, it is just necessary that the victim is underage, and no matter the rest of the story.
Si deseas citar este artículo, hazlo así:
AVENDAÑO, MARCELO. “SEXUAL ABUSE IN CHILDREN AND TEENAGERS”. Publicado en la Revista Jurídica Digital “Enfoque Jurídico” el 20 de marzo de 2015.