aggravating factors

The Trial Court sentenced the accused (AA) to two years in prison for aggravated domestic violence.  The court considered the aggravating circumstances to be the accused’s recidivism and the use of his strength to overpower his female victim.  AA had a history of domestic violence against his wife (BB).  Even though he had repeatedly assaulted BB and stabbed her once, BB refused to file a complaint against him.  A family court judge imposed a restraining order against AA pursuant to which he could not get closer than 300 meters to BB and her children.

The Trial Court of Tacuarembó sentenced AA to 12 months in prison for domestic violence, deemed as aggravated because the victim was a woman. AA and the victim had been living together in a common law marriage since 2000. In 2002 the victim reported on several occasions multiple instances of physical abuse and of psychological violence. In September 2003, the victim filed a complaint against AA for injuries inflicted to her neck and arm, which were verified by a public health doctor. The couple reconciled, but thereafter got separated again.

The Trial Court sentenced the 28-year-old accused (AA) to seven years and six months in prison for the crimes of rape, kidnapping and robbery. On March 27, 2011, AA approached the 18-year-old victim (BB) at a bus station and threatened her with a knife. BB offered him money, but AA put a knife to her throat and took her to a nearby field where he sexually assaulted her several times during the night, hit her repeatedly, and videotaped the sexual assault with his cellphone.

The Trial Court sentenced the accused (AA) to four years in prison for aggravated sexual abuse of a minor (BB). AA and the mother of BB had a common law marriage. AA had been sexually abusing BB since she was eight years old and started raping her when she turned 11.  At age 14, BB became pregnant as a result of rape committed by AA.  BB’s mother discovered AA’s abuse and filed the criminal complaint.

The Trial Court sentenced the accused (AA) to 10 months with a suspended sentence for the crime of domestic violence against his wife (BB). AA intimidated and committed continuous acts of violence against BB. The Trial Court deemed the continuous and manipulative nature of this violence to be an aggravating circumstance. AA appealed, arguing that the Trial Court had improperly analyzed the evidence and that there was not enough evidence to convict him. The Appeals Court determined that the evidence on file should be analyzed in the context of the contentious relationship between AA and BB.

A man was sentenced to nine years in prison in the Skane and Blekinge Court of Appeal for approximately 100 cases of rape and other sexual offenses against a child over the course of five years. The Swedish Supreme Court ruled that when assessing the penalty value for repeated serious sexual offenses against the same plaintiff, the court must weigh the connection between the crimes and their characteristics. When the perpetrator has committed crimes for a long time against the same person, the victim is often vulnerable and in a constrained situation.

Articles 342 to 345 relate to abortion as a crime, other than an abortion under any of the conditions established by Law No. 21,030 of 2017.

The Penal Code includes the follow aggravating circumstances if a crime involves discrimination on the basis of race, color, ethnicity, place of birth, sex, sexual orientation, sexual harassment, belief or religion, political or ideological convictions, social ideological convictions, social status or origin, or any other form of discrimination.

Article 144-A bans female genital mutilation and imposes a prison sentence of 2-10 years. Article 145 imposes greater penalties for offenses against physical integrity and female genital mutilation if the crime is committed, among other special circumstances, against the current or former spouse or a person with whom the perpetrator has a romantic relationship, regardless of sex and gender; if the victim is pregnant; or if the crime is committed due to the victim’s gender, sexual orientation, or gender identity.

For several crimes set out in the Criminal Code, knowing commission against a pregnant woman is an aggravating circumstance that increases the sentence.  Murdering a pregnant woman is punishable by imprisonment for a term of 8 to 12 years, life imprisonment, or the death sentence under Art. 139.  Torture of a pregnant woman is punishable by restraint on liberty for a term of one to three years or imprisonment for a term of one to five years under Art. 154.  Taking a pregnant woman hostage is punishable by imprisonment for a term of 6 to 12 years under Art. 291.