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child sexual abuse

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Application by Court of First Instance Court to Annul a Certain Criminal Provision

The Turkish Criminal Code, Article 103, Number 5237, provides sentencing for child sexual abuse without graduating the sentence in proportion to the child’s age. The Bafra High Criminal Court applied to the Constitutional Court to annul this provision, and the Court annulled the following two provisions: (1) child sexual abuse carries a sentence between eight and fifteen years; (2) child sexual molestation carries a sentence between three and eight years.

Dorotea Ortega de Guerrero c/ Efraín Guerrero Tarifa

Charges were brought against defendant for allegedly sexually abusing his 14-year old daughter for a period of 30 days while they were in Argentina. The lower court found defendant guilty of aggravated rape, in violation of Article 308-2 and 310-2 of the Penal Code. Upon defendant's appeal, the Court affirmed the lower court's ruling, holding that the victim's testimony coupled with that of the defendant's brother, who witnessed and first reported the rape, was sufficient evidence to convict the plaintiff.

 

Exp. No.1348-2004-AA/TC

A male schoolteacher was accused of sexually abusing one of his female students, a third-grader, and was removed from his job pending the outcome of his trial. He filed a constitutional challenge to his removal, arguing that it violated his due process right to a presumption of innocence, as enumerated in Article 2 of the Peruvian Political Constitution. The court of first instance agreed with the teacher, ordering the school system to reinstate him. The school system argued that the Law of Teachers ("Ley de Profesorado") allows for termination of a teacher without a conviction.

KKO 2023:9

KKO: 2023:9, Supreme Court (2023)

The issue was whether the defendant, A, had engaged in sexual intercourse with the plaintiffs by instructing them to push objects into their genitals and send him videos of the acts. A had instructed 9–13-year-old children to push objects into their genitals over video chat. According to the charge, A had used the children as instruments, thereby having sexual intercourse with them.

O’Keeffe v. Ireland

The applicant was repeatedly sexually abused by her school principal during the 1970s. When these events were reported to the police in 1996, the complete police investigation revealed that the principal had sexually abused 21 former students during a 10-year period. In total, the principal was charged with 386 criminal offences of sexual abuse.

Satyapal v. State of Haryana

A village man sexually assaulted an 11-year-old girl, and he ran away when the girl’s aunt approached. In an attempt to avoid the stigma of a sexual attack, her family convened a village panchayat (council) to resolve the dispute. The police were contacted when the panchayat was unsuccessful, and the girl did not have a medical examination until 80 hours after the attack. The exam found vaginal bruising but no other evidence of penetration. Despite the delays, the Court upheld the conviction under § 376 of the Penal Code.

Susana Hurtado de Barrero c/ Francisco Barranco Ramos

Defendant was charged with the aggravated rape of his 9-year old daughter. After considering a medical exam that confirmed rape had occurred, and hearing testimony from the victim naming her father as the aggressor, the lower court found defendant guilty of aggravated rape. The defendant appealed, alleging the accusation of rape was an attempt by the girl's mother of getting revenge against him. Finding there to be sufficient evidence for a conviction, the Court affirmed the lower court's ruling.

 

§ 206 Österreichisches Strafgesetzbuch (StGB) Schwerer sexueller Mißbrauch von Unmündigen – in Kraft getreten am 1. August 2013 (severe sexual abuse of minors)

Section 206 of the Austrian Criminal Code (Strafgesetzbuch - StGB), on severe sexual abuse of minors - entered into force on August 1, 2013

Section 206 criminalizes the serious sexual abuse of minors. According to this provision, anyone who engages in sexual intercourse with a minor is punished with one to ten years of imprisonment. Likewise, anyone who induces a minor to tolerate or perform a sexual act with a third party or to perform a sexual act on themselves is also punished.

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