Women and Justice: Court: Court of Cassation

Domestic Case Law

A.S. v. J.O.B. and J.I.O. Court of Cassation (2008)

Sexual violence and rape, Statutory rape or defilement

The Court of Cassation confirmed a Court of Appeal judgment in a case of the rape of a minor where the question at issue was whether rape was to be considered to have taken place, in violation of Article 375 of the Penal Code, even if penetration was incomplete given the incomplete physical development of the child. The Court confirmed that rape is any act of sexual penetration of whatever kind and with whatever object that is committed on a person who does not consent to it.