kidnapping

A person who takes, hides, or imprisons a pregnant woman in order to force the woman or a third party to do, not do, or tolerate something against his or her will is subject to imprisonment of between 10 to 25 years. A person who kidnaps or hides a pregnant woman to obtain a ransom is subject to imprisonment of between 10 to 25 years. If perpetrator obtains the desired gain, the minimum penalty will be raised to eight years.

On appeal, the Supreme Court affirmed the lower court’s judgment that appellants, Living Counsellor, Wisdom Counsellor, and Righteous Counsellor, were guilty of rape. Their four female victims ranged from ages 7 to 12. The victims were introduced into the Kingdom Assembly Church of Africa, or the “Never Die Church,” so named because it promised followers eternal life on earth. It also promoted free sexual relations among its members. The victims testified that they were beaten and raped by members of the church.

Here, the defendant appealed a conviction for assault, kidnapping and rape. The defendant argued that he could not be convicted of eight separate counts of rape for one victim, as this would constitute double jeopardy. The court disagreed and affirmed the superior court’s finding that the fact that there were variations in the sexual acts, there was physical movement of the victim between acts, and there was time between each offense.

Defendant Juan Carlos, a member of a gang known as the Mara Salvatrucha (MS), was arrested for sexually harassing and detaining a 16-year-old girl.  The victim was waiting for a bus an early afternoon when the defendant snatched her bag, attempted to kiss her, grabbed her by the neck, and forced her into a restaurant.  When the victim attempted to run away, the defendant pursued her and forcibly took her into a house where the defendant detained her in a room.  An anonymous individual in the neighborhood informed the police that the defendant was holding a girl captive. 

In this case, a defendant who had been sentenced to twenty five years for kidnapping, among other crimes, appealed his conviction, contending that he had committed lesser kidnapping (plagio) instead of the more serious crime of premeditated kidnapping (rapto) of which he was convicted. The court decided to uphold his conviction, despite the fact that there was only coercion involved. The “lessening of sexual integrity” against the will of the victims made the defendant guilty of the greater crime of rapto under article 130 of the Argentinean Penal Code.

On appeal, the Supreme Court reversed the lower court’s judgment that appellant, Allen Rogers, was guilty of rape. The 11-year-old complainant alleged that the appellant kidnapped her and a boy for two months, raping her daily during this time period. She testified that the appellant threatened to kill her if she talked about the rape. In his defense, the appellant testified that the week before the alleged kidnapping occurred, he knelt down to pray and heard the voice of someone he called Evee.

The plaintiff-appellant, a citizen of Albania, arrived in the United States with a fraudulently obtained non-immigrant visa after a man attempted to abduct her in her home country. The Immigration and Nationalization Service initiated removal proceedings against her. During those proceedings the plaintiff requested either a grant of asylum or the withholding of removal and protection under the Convention Against Torture, arguing that she is at risk of being forced to work as a prostitute if she were to return to her home country.

A woman was kidnapped in broad daylight, taken to a forest, then gang-raped. The defense argued that the woman's injuries were not severe enough for her to have resisted multiple rapists. The Court held that a woman need not present evidence of resistance to support a charge of rape.

Section 106(a) states that a person who coerces another person to marry or establish a registered partnership, by force or by dangerous threat or threat of breaking off family contacts, is liable to a term of imprisonment of six months to five years. The same punishment applies to the act of coercing a person or forcing a person by dangerous threat of threat of interruption or withdrawal of family contacts, to move to another state or transports them to another state, with the intention of coercing the person to marry or establish a registered  partnership in such other state.

Section 321a (1) and (3) provide that a person who holds a woman captive who has been impregnated through the use of coercion, with the intent to influence the ethnic composition of a population or to commit other serious violations of international law, is punishable by imprisonment for a term of 5-15 years, or, if such an act results in the death of a person, a term of 10-20 years or life imprisonment. The abovementioned applies where such acts are performed as part of an extended or  systematic attack against a civilian population.