Valoración penal de las agresiones sexuales en el matrimonio y relaciones afines
The possibility of admitting the existence of a sexual assault when the active and passive subjects are married to each other, it has not always been accepted unanimously. In this sense, the old rubric existing in our Penal Code of crimes against honesty did not help, since the marriage site, in...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8360247 |
| Source: | Anuario de la Facultad de Derecho. Universidad de Extremadura, ISSN 0213-988X, Nº 37, 2021, pags. 619-656 |
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| Summary: |
The possibility of admitting the existence of a sexual assault when the active and
passive subjects are married to each other, it has not always been accepted unanimously.
In this sense, the old rubric existing in our Penal Code of crimes against honesty did not
help, since the marriage site, in no case, could be considered dishonest. This approach
cannot be maintained at present, given that the protected legal asset -sexual freedomhouses,
among its manifestations, the right to decide yes or no, how, when, where and
with whom you want to carry out any activity of that nature. Hence it is of great interest
to address the so-called mixed kinship circumstance as it affects the measurement of the
penalty; aggravating or attenuating criminal responsibility, depending on the case, based
on the victim’s relationship with her aggressor. |
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