Women and Justice: Keywords

Domestic Case Law

Case of W.F.C.M. and L.M.S.V., No. 556 Supreme Court (2005)

Gender-based violence in general, Sexual violence and rape, Statutory rape or defilement

L.M.S.V. and W.F.C.M were accused of sexual coercion against the victim L.del R.A., an 18 year old woman, who was sexually coerced by the two accused males with a knife.  The accused, who were minors, were sentenced to 3 years in prison.  L.M.S.V appealed and the Court of Appeals confirmed the lower court sentence.  Finally, L.M.S.V challenged the decision before the Supreme Court which partially overturned the decision.  The Supreme Court found that because L.M.S.V. was a minor at the time of the crime and, in order to hold minors criminally responsible, minors must have sufficient psycho-social maturity (“madurez sico-social”) to understand the criminality of their actions, the sentence should be reduced to two years in prison.  The court also ordered that during the probation period, L.M.S.V. must live no less than 10 kilometers away from the victim.