ICONOS FINALES-TRAZADOS

Crimes against sexual freedom

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Distinction between the crimes of exhibitionism and corruption of minors

Crimes against sexual freedom

The Supreme Court (TS) has clarified in a recent ruling how to distinguish between the crime of exhibitionism and that of corruption of minors, two criminal figures within the so-called crimes against sexual freedom. The case in question dealt with a man who, taking advantage of his family relationship with several minors, committed different sexual acts over the years, including touching, masturbation in their presence, and even showing them pornographic magazines, going as far as offering them money to comply with his requests.

The seriousness of the matter lies in the fact that the accused did not limit himself to accidentally or occasionally exposing himself, but deliberately created an environment and a situation designed for the minors to witness his acts. He took them to secluded places and, when they refused to participate, pressured them not to tell anyone. For this reason, the TS rejects that it is only exhibitionism (which is also a crime, but with a lesser punishment) and confirms that the most severe criminal type must be applied, that of corruption of minors, precisely because the behavior was much more invasive and harmful.

In conclusion, what matters is whether the accused intentionally facilitated the minors witnessing sexual acts, and that is what justifies the harshening of the sentence, in addition to providing greater protection to minors against this type of practices.

Our lawyers can provide you with the appropriate advice and defend your interests in actions arising from acts that constitute or may constitute a crime, always preserving the interests of the minors who may be affected.

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