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PENETRATION IN THE CRIME OF VIOLATION

Before reading the post, I invite you to watch the video PENETRATION IN THE CRIME OF RAPE, https://youtu.be/VY9YHMESyV0

 

LINK TO STS 454/2021, 27 MAY 2021:

https://www.poderjudicial.es/search/AN/openDocument/4769d4f7339b473d/20210607

 

“HOW FAR MUST THE INTRODUCTION BE MADE TO BE CONSIDERED PENETRATION?

Well, before the contact of access to the internal vaginal area, however slight it may be, since "total access" cannot be required, access to the internal female sexual area is sufficient.

For this reason, an absolute penetration is not required in the criminal type nor does jurisprudence require a total penetration, but in the case that it is partial, there is sexual assault of art. 179 CP for violation, and not the way of article 178 CP.

Thus, everything that is an excess, however slight or brief, of overcoming the "horizontality" in the female sexual zone supposes the existence of sexual assault for violation of art. 179 CP and not of art. 178 CP for considering that there was penetration, without being able to demand that it be total and absolute access, since the violation occurs even if the access is slight or brief. And in this case, it is stated in the proven facts that the access existed through the area declared proven.

And, thus, "horizontality" should be understood as the superficial area referred to mere external touch, supposing the overcoming of the horizontal barrier, no matter how slight that access or contact, a penetration. Therefore, neither more nor less can be required, but rather "sufficient access" to understand that the woman's sexual zone is already being broken into, no matter how slight the contact or access. In these cases there would already be an introduction, because in no case has full access been required for there to be a violation.”

 

 

 

Copyright ABOGADA NATHALIE GONZALEZ Y MEDIADORA, Creadora de OBJETIVO CERO VÍCTIMAS.

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