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Peruvian Penal Code (Legislative Decree 635) Title IV: Crimes Against Liberty Chapter IX: Violation of Sexual Liberty Article 176-B, Article 176-C: Sexual Harassment

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.

Peruvian Penal Code (Legislative Decree 635) Title IV: Crimes Against Liberty Chapter IX: Violation of Sexual Liberty, Article 170, Article 171, Article 172, Article 173, Article 174, Article 176, Article 176-A: Sexual Violation

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 (Legislative Decree 635) Title IV: Crimes Against Liberty Chapter I: Violation of Personal Liberty, Article 151-A: Harassment

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.

Peruvian Penal Code (Legislative Decree 635) Title I-A: Crimes Against Humanity, Chapter II: Exploitation, Article 129-C, 129-F, 129-G, Article 129-E, Article 129-H, Article 129-I, Article 129-J, Article 129-K, Article 129-L: Sexual Exploitation

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 (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 I: Crimes Against Life, Body, and Health Chapter III: Injuries, Article 122-B: Aggression Against Women or Family Members

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.

Law No. 30367, Law That Protects the Working Mother Against Arbitrary Termination and Extends Her Leave Period, Peru

Law No. 30367 modifies Article 29 of Legislative Decree No. 728, nullifying all employment terminations motivated by pregnancy, childbirth, or lactation if the termination occurs during the pregnancy or within 90 days of the child’s birth. An employer is presumed to have terminated the employee based on the employee’s pregnancy if the employer has no justification for the employee’s termination and was notified of the pregnancy.

Law No. 30364, Law to Prevent, Penalize and Eradicate Violence Against Women and Family Group Members

The objective of Law No. 30364 is to prevent, eradicate, and penalize all forms of violence against women and family group members, especially those who are particularly vulnerable because of their age or physical attributes (e.g., children, adolescents, the elderly, and individuals with disabilities).

Law No. 30709, Law that Prohibits Pay Discrimination Between Men and Women, Peru, 2017

The objective of Law No. 30709 is to prohibit pay discrimination between men and women who have the same type of job. The law requires companies to keep charts detailing job categories, operations, and applicable payment. It recognizes that an employer must guarantee dignified work and a nondiscriminatory work environment. It also specifies that employers must guarantee protection against sexual harassment.

Law No. 28983 of Equality of Opportunities Between Women and Men, Peru, 2007

Law 28983 aims to provide a general framework for enacting national policies and legislation that protects women’s right to equality and dignity, and prohibits discrimination in all spheres of life. The law provides that the executive branch shall adopt policies, plans and programs directed at preventing and eliminating violence against women. (Article 6c).

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