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How much jail time could you face if found guilty of sexual assault?

02/07/2022


 

- Frame 01:

Imprisonment from 02 to 07 years in case of intercourse or other sexual relations against the will of the victim by the following acts:

+ Using force or threatening to use force;

+ Taking advantage of the victim's defenseless state or other tricks.

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- Frame 02:

A prison term of between 07 and 15 years if the crime is committed in one of the following cases:

  • Organized;
  • For the person for whom the offender has the responsibility to care for, educate and treat diseases;
  • Many people rape one person;
  • Committing the crime twice or more;
  • For 02 people or more;
  • In an incestuous relationship;
  • Making the victim pregnant;
  • Inflicting injury, causing harm to the health or causing mental and behavioral disorders of the victim with an injury rate of between 31% - 60%;
  • Dangerous recidivism.

- Frame 03:

A prison term of between 12 and 20 years or life imprisonment if the crime is committed in one of the following cases:

  • Inflicting injury, causing harm to the health or causing mental and behavioral disorders of the victim with an injury rate of 61% or higher;
  • Knowing they are infected with HIV and still committing crimes;
  • Causing the victim to die or commit suicide.

In case of committing a crime against a person aged between full 16 and under 18 years, the offender shall be sentenced to between 5 and 10 years of imprisonment. If they commit a crime in one of the cases specified in penalty frame 02 or penalty frame 03, they will be sanctioned according to the corresponding prescribed penalty level.

In addition, offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years.


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