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sexual exploitation

ID
1025

Chile v. Nelly Viviana Condori Nicolas

The female defendant was charged with trafficking in person for the purpose of sexual exploitation. The defendant used an employment agency in Peru to offer Peruvian women waitress jobs at her residence in Chile. She would assist them in crossing the border and would pay travel costs. Upon arrival, the victims were kept at the defendant’s residence and were forced to provide sexual services to clients arranged by the defendant. The defendant also kept the victims’ passports so that they would be unable to leave until their debts were paid.

OLG Karlsruhe Beschluß vom 17.1.2019, 2 Ws 341/18 (Sexuelle Nötigung: Drohung mit der Beendigung einer Beziehung für den Fall der Weigerung der Durchführung sexueller Handlungen)

A 17-year-old girl engaged in sexual acts with an online acquaintance she had met only twice because he threatened to end the relationship if she refused. The Court ruled that threatening to end a relationship can constitute a threat of substantial harm and thus sexual coercion if the relationship has a high emotional value to the victim. Specifically, the Court noted that whether the termination of a relationship constitutes substantial harm depends on the individual perception of the victim, and not on the perception of a reasonable average person.

Onesphory Materu v. The Republic

Salma Yusuf, a fourteen year old girl, alleged that the appellant police officer, Onesphory Materu, had raped her inside a police cell with a promise to release her (made in writing) after the fact. The trial court found the police officer guilty of rape and convicted him to a sentence of thirty years imprisonment, twenty four strokes of the cane and an order that he pays Shs.700,000 compensation to the complainant.

Peruvian Penal Code (Legislative Decree 635) Title I-A: Crimes Against Humanity Chapter I: Human Trafficking Article 129-A: Human Trafficking

Article 129-A of the Peruvian Penal Code prohibits the use of violence, threats, coercion, fraud, deception, abuse of power, or the receipt of any benefits in order to capture, transport, keep or retain another person with the intent to exploit them. The crime is punishable by 8 to 15 years imprisonment. When the crime is committed against a child, it is punishable even if the perpetrator did not use any of the prohibited means listed.

Peruvian Penal Code (Legislative Decree 635) Title IV: Crimes Against Liberty Chapter X: Procurement, Article 179, Article 180: Prostitution

Peruvian Penal Code Title IV: Crimes Against Liberty, Chapter X: Procurement, Articles 179 and Article 180 prohibit the promotion or facilitation of prostitution. The crime is punishable by 4 to 6 years imprisonment. Aggravating circumstances include situations where the victim is in a situation of abandonment or extreme economic necessity, or where the perpetrator relies on prostitution for their livelihood. Article 180 similarly prohibits the management of another person’s prostitution services, applying the same penalty.

Prerana v. State of Maharashtra

After a police raid on a brothel, four pimps were arrested and twenty-four women and girls were taken into custody. The magistrate ordered a medical examination to, among other things, determine the women's ages. The magistrate then ordered that the women 18 and over be released, and a few days later ordered the minor girls to be released. The magistrate explained that the girls had expressed a desire to be released. The Court held that this act was in violation of the Juvenile Justice Act, that only a child welfare board could determine how the girls were to be released.

Seif Mohamed El-Abadan V. The Republic

The victim was raped by a doctor on 14 November 2006 at Magunga Hospital in Korogwe District. The appeal asserted that the witness in the trail was not credible. The appellate Court concluded that it was unable to “find a ground for denting the credibility of the complainant” and “not having found any contradictions in the evidence of PW1, the victim of the sexual assault by her doctor, the appellant” .

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