Venezuelan Penal Code: Sexual Offenses and Penalties

This document outlines key distinctions and provisions related to sexual offenses within the Venezuelan Penal Code, focusing on specific articles and their implications.

Differences Between Rape and Lewd Acts

In the context of the Penal Code, rape involves violence to compel another person to engage in sexual acts. In contrast, lewd acts refer solely to the incitement to sexual activity.

A key element in rape is the violation involving the penis or an object simulating it.

For all these crimes, legal medical expertise is a mandatory requirement.

Crimes are considered aggravated when committed by multiple individuals.

Article 377: Aggravated Offenses

When any of the acts described in the preceding articles have been committed with the simultaneous participation of two or more persons, the penalties established by law shall be imposed with an increase of one-third.

Child Sexual Corruption

Article 378: Corruption of Minors

Anyone who engages in a sexual act with a person aged twelve and under sixteen, or involves them in lewd acts, without being an ascendant, guardian, or institutor, and even if not bound by any of the circumstances envisaged in Article 374, shall be punished with imprisonment of six to eighteen months. The penalty is doubled if the offender is the first to corrupt the aggrieved person.

Seduction by Promise of Marriage

Article 378 (Second Paragraph): Seduction

A sexual act performed with a woman over sixteen and under twenty-one with her consent is punishable if it involves seduction with the promise of marriage, and the woman is reputedly honest. In such a case, the penalty is six months to one year imprisonment.

As an essential element of this crime, the victim must be female.

Incest

Incest is considered a common crime in Venezuela, attributed to its status as a developing country.

It refers to sexual relationships between a mother and child, father and daughters, or siblings.

Article 380: Incestuous Relations

Any individual who, under circumstances likely to cause public scandal, has sexual intercourse with an ancestor or descendant (even if illegitimate), with someone in a direct line, or with a brother or sister (full or half-blood), shall be punished with imprisonment of three to six years.

Public Indecent Assault

Article 381: Outraging Modesty and Decency

Any individual who, except in the cases mentioned in previous articles, has outraged modesty and decency by acts committed in public or exposed to public view, shall be punished with imprisonment from three to fifteen months.

The 7th Offense

[Content for the 7th offense is not provided in the original document.]