Until a person reaches the age of majority, regardless of the street situation they have experienced, they are protected by the Code for the Protection System and the Fundamental Rights of Children and Adolescents or Law 136-03.
This law in its article 396, in section C defines the sexual abuse as the sexual practice with a child or adolescent by an adult, or person five years older, for their own sexual gratification, without consideration of the psychosexual development of which can occur even without physical contact.
For a few weeks, the case of alleged rape of a minor of age that involves the urban music singer, Aderly Ramírez Oviedo, better known as (Rochy RD).
While Rochy RD is in prison waiting for a coercive measure to be known this Sunday, some personalities have given their opinion on the subject on social networks. Some ask for her freedom, pointing out that due to the family disorder of the minor in the matter, only his mother should be prosecuted.
This thought has surprised experts. hold one accountable minor for having sex with an adult has left his mouth open to Judge Sabino Ramos.
The senator for the National District, Faride Raful, woke up this Friday tweeting that minors do not have the capacity to consent to sexual relations.
“Let us understand that there is no consent from a minor to have sexual relations”, said emphatically Raful.
The Code punishes with two and up to five years in prison and a fine of three to 10 minimum wages to that person who, while maintaining a relationship of authority, guard or surveillance over minor cause severe injuries, verified by specialists in the area.
If the abuse comes from the parents or other relatives and guardians of the child, the penalty is two to five years in prison and the payment of a fine of 3 to 10 minimum wages.
The law contemplates a sanction for parents and/or guardians for not supervising their children: “When it is verified that the father or mother of boys and girls leave them inside the home, without being provided with adult supervision, they will be punished. with sentences of two to six months in prison. They will also be referred to psychotherapeutic treatment and social assistance”, indicates article 398.
Also, if a minor is delivered to receive a payment or reward, the aforementioned law instructs that the offender be punished with imprisonment from three to 10 years and a fine of 10 to 30 minimum wages.
Using an infant or adolescent to perform sexual activities in exchange for money, favors in kind or any other remuneration constitutes commercial sexual exploitation in the form of prostitution for the Code of Protection of Minors. In this case, the penalty for those who commit this crime is three to 10 years in prison and the payment of a fine of 10 to 30 minimum wages.
Even hosting a minor of age in a hotel, motel or similar establishment without the company or written authorization of the parents is punishable by law. Whoever incurs in this practice could face a sentence of one to three years. The judge could impose a fine of 30 to 50 minimum wages.
A child or adolescent should also not be in places where games of chance are held. Article 392 and 415 provide a sanction of one month to two months in prison for administrators or managers of these businesses that admit the entry of minors. In addition, for this same crime, a fine of one to three minimum wages is provided.
