Two minor children, an eight-year-old boy and a twelve-year-old girl, were raped by their father, once and multiple times over several years, respectively. The defendant was sentenced to 20 years in prison, but the criminal court of appeals reduced the sentence to 19.6 years in prison on October 11, 2001, after finding that the 20-year sentence was impermissible under Paraguay’s sentencing guidelines.
A nine-year-old girl was sexually abused by her father, Florencio Arias, on several occasions. The defendant was sentenced to 10 years in prison, which was confirmed by the criminal appeals court on April 25, 2003.
Una niña de nueve años fue abusada sexualmente por su padre, Florencio Arias, en varias ocasiones. El imputado fue condenado a 10 años de prisión, lo cual fue confirmado por el tribunal de apelaciones en lo penal el 25 de abril de 2003.
S.J.D.S and M.J.D.S (16 and 13 years old) were sexually abused by their father, Joao María Dos Santos, on several occasions. The victims testified that they were forced to have sexual relations with their father. The accused admitted that he raped them. The accused was sentenced to 16 years in prison. His sentence was confirmed by the Supreme Court in 1997.
The Supreme Court upheld the conviction of a man who raped his stepdaughter under the threat of death or grievous injury.
This case concerned the breach of constitutional guarantees of due process and the right of defense. The Supreme Court of Justice ruled in favor of the application of Article 499 of the Code of Criminal Procedure of 1890, revoking the sentence enacted by the criminal court of appeals and therefore acquitting the defendant. The defendant was accused of the sexual abuse and rape of his stepdaughters. The action was brought by the presumptive victims’ aunt.
This case concerned sexual abuse involving an underage victim. The Court ruled in accordance with Articles 135.1 and 135.4 of the Criminal Code, on sexual abuse of minors, finding the defendant guilty and sentencing him to eight years in prison. It was argued that the defendant had several sexual encounters with the plaintiff, who was a minor. For such purposes, the defendant used to pick up the plaintiff at school and drive her to secluded areas to have sexual intercourse.
The Penal Code distinguishes and applies different penalties in accordance with the age of the minor. Pursuant to article 192, the prohibition of the perpetration of a sexual act with a minor under 14 years old or leading that minor to practice such acts with a third person is punished with up to 12 years in prison. Again, the law makes a distinction whether the act involved penetration, in which case the maximum punishment increases to 15 years.
The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of the petitioner, upholding the constitutionality of Article 224(a) of the Penal Code which establishes a presumption of violence in sex crimes against minors. The petitioner was convicted of rape and child abuse, and was sentenced to a prison term of eight years for rape and one year and ten months for child abuse.
The Brazilian Federal Supreme Court (Supremo Tribunal Federal or “STF”) denied the petition for writ of habeas corpus of the petitioner, who had been convicted by the Superior Court of Justice (“STJ”) of raping his two minor daughters, both under the age of 14, over a period of five years. Although the petitioner had been sentenced to 16 years and 8 months in jail for his crimes, the lower court subsequently reduced the petitioner’ sentence by one-quarter, pursuant to Presidential Decree No.
This law amends Paraguay’s Criminal Code and establishes, among other things, penalties for (i) sexual harassment, Article 133; (ii) domestic violence, Article 229; (iii) sexual coercion, including sexual abuse without intercourse, Article 128; (iv) human trafficking, Article 129; (v) sexual abuse of defenseless victims, Article 130; and (vi) sexual abuse of persons held in custody, children under 14, and/or persons under guardianship, Articles 130, 131, 135, 136, 137 and 230.
