Sentencia nº 752 de Tribunal Supremo de Justicia (Número de Expediente: 16-0203)

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The female victim declared to the competent authorities that she worked as a motorcycle taxi driver in La Fria, Táchira State. On the morning of September 9, 2014, she transported a male passenger. During the journey, the passenger threatened and sexually assaulted her with an object. On November 18, 2014, the lower court convicted the defendant of the crime of sexual violence even though psychological or physical violence were not proven at the trial, which used to be one of the elements for such crime. The defendant requested a review of the court’s decision to the Constitutional Chamber of the Supreme Court of Justice (the “TSJ”) on the basis that neither physical nor psychological violence were confirmed by the lower court. The TSJ ratified the decision of the lower court and decided that it is no longer necessary to verify that physical or psychological violence occurred in order to determine the crime of sexual violence. As a result of this decision, each of the crimes of sexual, psychological, and physical violence can be committed separately, reinforcing the protection of women’s rights. This decision represents an improvement in rights for women in Venezuela.



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