Peru

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.

Article 129-C on Sexual Exploitation prohibits the use of violence, threats, deception, manipulation, or other means to force a person to engage in sexual acts with the intent to receive an economic or other benefit. The crime is punishable by 10 to 15 years imprisonment. Aggravating circumstances include committing the crime as part of the tourism industry or where the victim is under the perpetrator’s care or authority. 

Peruvian Penal Code Title I: Crimes Against Life, Body, and Health, Chapter III: Injuries, Article 122-B: Aggression Against Women or Family Members, prohibits causing bodily injuries that require less than 10 days of medical assistance, or causing any psychological “affectation” that does not qualify as psychological damage, to a woman due to her status as such. The crime is punishable by 1 to 3 years imprisonment and disqualification from professional or other positions.

Peruvian Penal Code Title I: Crimes Against Life, Body, and Health, Chapter I: Homicide, Article 108-B: Femicide, punishes the crime of femicide with imprisonment of no less than 20 years. femicide means killing a woman because of her identity as a woman, and it applies in several contexts: family violence, coercion, harassment or sexual harassment, abuse of power, trust or any other position or relation which places the agent in a position of authority.

Article 46 of the Peruvian Penal Code lists aggravating circumstances for criminal penalties. These circumstances include when the crime is motivated by sexual orientation, sexual identity, and/or gender.

Article 151-A prohibits harassing, stalking, or attempting to establish non-consensual contact with another person in a way that could affect the normal development of their daily life. It is not necessary to show that these acts were carried out repetitively or habitually. The crime is punishable by 1 to 4 years imprisonment, disqualification from professional or other positions if applicable, and fines. The same penalties applied if the prohibited acts were carried out using any information or communication technology.

Article 176-B prohibits a person from stalking, harassing, or trying to establish contact with another person without their consent, with the intent to commit sexual acts against them. The crime is punishable by 3 to 5 years imprisonment and, if applicable, disqualification from professional or other positions. The same penalty applies to a person who commits the same acts using information or communication technology.

Article 170 on Sexual Violation prohibits the use of physical or psychological violence, serious threats, or coercion to obligate the victim to engage in certain sexual acts. The crime is punishable by 14 to 20 years imprisonment. The provision also lists several aggravating circumstances which increase the penalty to between 20 and 26 years. Article 171 criminalizes sexual acts committed against a victim rendered unconscious or otherwise unable to resist. The crime is punishable by 20 to 26 years imprisonment.

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.

Supreme Decree No. 009-2016-MIMP and Supreme Decree No. 004-2019-MIMP are the regulations that set forth the framework and procedures for implementing Law No. 30364 to prevent, penalize and eradicate violence against women and family group members.