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Código Penal de Nicaragua Artículo 494 (sexual crimes in armed conflict)

Article 494 of the Penal Code criminalizes sexual crimes committed in the context of armed conflict, whether international or internal. It explicitly covers rape, sexual slavery, sexual exploitation, forced prostitution, forced pregnancy, forced sterilization, and other forms of sexual violence committed against persons protected under international humanitarian law.

Código Penal de Nicaragua Artículos 177, 182, 318 y 346 (trafficking and exploitation)

Article 177 criminalizes the promotion of Nicaragua as a destination for sexual tourism involving minors under 18 years of age, targeting child sexual exploitation in the tourism sector. Article 182 punishes the recruitment, transportation, harboring, or receipt of persons for purposes of sexual exploitation, illegal adoption, or slavery, with penalties of seven to ten years’ imprisonment. If the victim is under 18 years of age, the penalty increases to ten to twelve years, recognizing the heightened vulnerability of children and adolescents.

Código Penal de Nicaragua Artículos 143 a 145 (abortion)

Articles 143 to 145 regulate abortion in all forms. Abortion is punishable by one to three years of prison time if performed with the women's consent, and three to six years if without consent. If performed by a health professional, an additional disqualification penalty applies, which is two to five years (with consent) or four to seven years (without consent). Abortion caused by negligence carries six months to one year in prison, and the woman who consents to an abortion may be sentenced to one to two years in prison. 

 

Código Penal de Nicaragua Artículos 111 y 155 (domestic violence)

Article 155 criminalizes domestic, intimate partner, and family violence, covering both physical and psychological acts committed against spouses, common-law partners, or relatives. The provision excludes cases of "legitimate parental disciplinary correction" as long as it does not amount to abuse. Sentences for this crime range from one to four years of imprisonment, along with disqualification from exercising parental authority, guardianship, or custody, where applicable.

Código Penal de Nicaragua Artículos 167, 172, y 174 (sexual abuse and rape)

Article 167 defines rape as carnal access to another person or the insertion of any object into their body without consent. Rape can occur through violence, intimidation, threats, deception, or when the victim is unable to resist due to disability, illness, unconsciousness, or the use of substances. The penalty is 8 to 12 years in prison. Article 172 addresses sexual abuse, defined as sexual acts against another person without consent, in cases not involving carnal access or penetration. This includes touching, obscene exposure, and similar conduct.

Código Penal de Nicaragua Artículos 168, 170, 175, y 176 (on protecting minors from sexual exploitation)

The Penal Code of Nicaragua establishes extensive protections for minors under 18 against sexual exploitation. Article 168 punishes sexual contact with anyone under 14 with 12 to 15 years in prison. Article 170 criminalizes consensual sexual relations between an adult and a child aged 14 to 16, imposing two to four years in prison, increased to five to ten years if there is a relationship of authority, trust, or dependency. Article 172 states that consent is not valid when the victim is under 14 or has a mental disability.

Constitución de la República de Nicaragua

The 2024 Constitution of Nicaragua establishes a strong framework of fundamental rights, including guarantees relevant to gender equality, family, and women’s protection. Article 27 affirms equality before the law, and Articles 48, 73, and 82 enshrine unconditional equality between men and women, prohibiting all forms of labor and social discrimination based on gender. Article 5 elevates human dignity as a guiding principle, and Article 36 protects physical, psychological, and moral integrity by prohibiting torture and cruel, inhuman, or degrading treatment.

Resolución nº WP01-R-2012-000489, Corte de Apelaciones 24 de agosto de 2012 (infanticide)

A woman was charged with aggravated homicide as a co-perpetrator of infanticide under Article 406, section 3, letter “A” of the Venezuelan Penal Code. After giving birth, she placed the newborn in a black plastic bag, causing death by asphyxiation. The trial court ordered her preventive detention due to the seriousness of the crime.

Sentencia nº 104/2020 Tribunal Supremo de Justicia (distinction between homicide and femicide)

In Judgment no. 104/2020, the Criminal Chamber of the Supreme Tribunal of Justice resolved a jurisdictional conflict and clarified that not every homicide of a woman constitutes femicide. The Court distinguished between femicidal violence and homicidal violence as different, though parallel, phenomena. It emphasized that treating all killings of women as femicide would undermine the specific legal protection intended for gender-based violence, which arises from patriarchal power structures and historical gender inequality.

Sentencia nº 128/2023 Tribunal Supremo de Justicia (partial annulment of Article 565 of the Organic Code of Military Justice)

In Judgment No. 128/2023, the Supreme Tribunal of Justice of Venezuela partially annulled Article 565 of the Organic Code of Military Justice, which punished “any member of the military who commits sexual acts against nature” with one to three years’ imprisonment and separation from the Armed Forces.

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