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crime of violence

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292

Código Penal (Penal Code), Sex Crimes

Title XVI of the Cuban Penal Code governs crimes against sexual liberty and indemnity, families, and the development of minors. Chapter I addresses sexual aggression. Article 395 penalizes carnal access obtained through force, violence, or intimidation. The penalty for these crimes is seven to fifteen years in prison. The same penalty applies when penetration is executed with fingers, objects, items, or animals by vaginal or anal route.

Criminal Law (Offences) Act (1893) on Acid Violence

Sections 51 and 52 criminalize of the Criminal Law (Offences) Act (the “Act”) criminalizes administering, with intent to injure, a “poison or noxious substance” to another person. An individual may be found guilty of a misdemeanor, and be sentenced up to five years in prison. However, a person who carries out such an act with the intent of harming another person or causing grievous bodily harm may be found guilty, and may face up to 10 years in prison.

Decreto Número 97-1996 (on domestic violence)

Decree No. 97-1996 seeks to prevent, punish, and eradicate domestic violence by protecting individuals (particularly women and children) from abuse in the home and providing mechanisms for their support and protection. Article 7 sets out protective measures for victims, including the immediate removal of the aggressor from the household, restraining orders prohibiting contact with the victim, provision of temporary shelter, and access to medical, psychological, and legal support.

New York State Penal Law § 485.05 Hate Crimes

NYS Penal Law § 485.05 defined when a criminal offense qualifies as a hate crime in New York State. A crime becomes a hate crime if the person either selects the victim based on a belief or perception regarding the victim’s race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation, or if the offense is committed in whole or substantial part because of such a belief or perception.

R.K.S v. H.L [2014] WSDC 6

After 20 years of marriage during which she suffered repeated domestic violence, the applicant filed for divorce, then sought and obtained an Interim Protection Order against the respondent. Under the Family Safety Act 2013, Interim Protection Orders may be granted where domestic violence has occurred and the applicant is likely to face further assault if an order is not issued immediately.

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