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Brottsbalk (Criminal Code)

The Swedish Penal Code includes regulations that defines and prohibits various sexually and/or physically motivated crimes against people.  The penalty for kidnapping with intent to injure a person, to force a person into service or to practice extortion is imprisonment for at least four years and at most eighteen years, or for life.

Canada (Attorney General) v. Bedford

Three women challenged three Canadian Criminal Code provisions that indirectly restricted the practice of prostitution by criminalizing various related activities. Section 210, which prohibited the operation of common “bawdy-houses,” prevented prostitutes from offering their services out of fixed indoor locations such as brothels. Section 212, which prohibited “living off the avails” of prostitution, prevented anyone, including “pimps,” from profiting from another’s prostitution.

Case No. B 1041-01 – the Prosecutor v. M.N.

M.N. was convicted for attempting to purchase sexual services from a woman, which is a criminal act under Chapter 6 Section 11 and Chapter 23 Section 1 of the Swedish Penal Code. The court considered whether the “attempt point” had been reached, which is a prerequisite for the attempt to be punishable. To constitute a criminal attempt, it is required that the offender begin the crime without reaching its completion. There must also be a risk that the act will lead to the completion of the crime.

Código Penal Capítulo IV – Artigos 189-190, 195-197: Tráfico Humano (Penal Code: Human Trafficking)

The promotion or facilitation of prostitution involve taking advantage of the victim’s economic necessity or vulnerability or coerce the victim by means of violence, threat or fraud pursuant to article 189, and it is punished with a sentence of 1-8 years of imprisonment. If the facilitation or coercion to prostitution is made in a foreign country, the crime committed falls within article 190, i.e. human sexual trafficking, which command a higher sentencing of up to 10 years in prison.

Código Penal: Livro II, Título I - Crimes contra a pessoa: Capítulo IV - Crimes contra a liberdade pessoal (Crimes against personal liberty)

Articles 154-A and B, 159, and 160 ban harassment (sentencing to up to three years in prison), forced marriage (sentencing to up to five years in prison), slavery (imprisonment from 5-15 years), and human trafficking (imprisonment from 3-10 years), respectively. Article 169 punishes the economic exploitation of prostitution by third parties, even though prostitution itself is not a crime in Portugal.

Combating of Immoral Practices Act

The Combating of Immoral Practices Act aims to prevent and reduce prostitution and the existence of brothels.  The Act imposes a criminal penalty for keeping a brothel of imprisonment for a period not exceeding three years or imprisonment and a fine. The Act punishes procuring or attempting to procure any female to have unlawful carnal intercourse with imprisonment for a period not exceeding five years.

Criminal Code

The Belize Criminal Code defines and criminalizes rape, including marital rape (Sections 46, 71-74); carnal knowledge of female child (Section 47); procuring or attempting to procure a woman (Section 49-50); compulsion of marriage (Section 58); incest by males (Section 62); abortion, miscarriage, and child destruction (Sections 111-12, 127).  The Code mandates a minimum sentence of eight years for rape (Section 46), 12 years of carnal knowledge of a female child (Section 47), and a life sentence for habitual sex offenders (Section 48).

Of particular note:

Decision 2005Do8130

The Defendant was running a massage parlor that had hidden rooms with beds where a young female employee massaged the whole body of a male customer. The female employee, usually wearing a short skirt and a short-sleeved tee, would undress the male customer, grab his sexual organ with her hands with lotion on, touch the body part just like engaging in a sexual intercourse, and ultimately let him ejaculate.

Kamau v. Republic

The appellant was convicted of rape and sentenced to 12 years imprisonment with hard labor and six strokes of a cane.  The complainant testified that on the day of the incident, she met the appellant at a bar and agreed to spend the night with him for a sum of money.

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