Chamber of Deputies: Sexual intercourse with a minor under 16 to be considered rape.
The Chamber of Deputies adopted on Wednesday a draft amendment to the Criminal Code which provides that any sexual act committed by an adult with a minor under 16 years of age will be considered rape and will be punishable by imprisonment from 7 to 12 years and prohibition of the exercise of certain rights, unless the age difference between the perpetrator and the victim does not exceed five years, told Agerpres.
There were 267 votes in favour and 6 abstentions.
The draft amends and completes Law No. 286/2009 and Law No. 135/2010 in order to raise the age of sexual consent and to separately incriminate the crime of rape committed against a minor, the crime of sexual assault committed against a minor and the crime of causing or facilitating the commission of sexual or sexual acts between minors, with aggravating circumstances and proportionate penalties.
The draft also stipulates for the removal of the non-applicability of the statute of limitations for the crime of child pornography.
Moreover, any act of a sexual nature committed with a minor who practices prostitution will be punishable by imprisonment from 6 months to 3 years, if the act does not constitute a more serious crime, as opposed to 3 months to 2 years as it is currently.
The law also provides for a prison sentence of 7 to 12 years and a ban on exercising certain rights in the case of rape of a minor who has reached the age of 16.
The deputies have introduced a new text which stipulates that the penalty is imprisonment from 7 to 15 years and the prohibition to exercise certain rights if the offences are committed in one of the following circumstances: (a) the act resulted in bodily harm or endangered the life of the victim in any other way; (b) the act was committed against a pregnant woman; (c) as a result of the act, the victim becomes pregnant; (d) the victim is in a state of obvious vulnerability caused by age, infirmity, physical or mental disability or an addiction situation; e) the act has been committed through the use of a weapon or by threatening with it (f) the victim has been administered alcohol or any other substance that impairs his or her judgment or control of his or her actions without his or her knowledge or against his or her will.
The draft stipulates that the attempted offences shall also be punishable.
The Chamber of Deputies is the decision-making body in this case.
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