NCJ Number
50462
Journal
Derecho Penal y Criminologia Volume: 1 Issue: 1 Dated: (DECEMBER 1977) Pages: 15-34
Date Published
1977
Length
20 pages
Annotation
CONCEPTS OF SEXUAL OFFENSES ARE EXAMINED AS THEY ARE DEALT WITH IN CURRENT CRIMINAL CODES IN COLUMBIA AND IN THE LIGHT OF CHANGING RELIGIOUS AND CULTURAL INFLUENCES IN DIFFERENT COUNTRIES AND HISTORICAL ERAS.
Abstract
EXAMINATION OF THE HISTORY OF SEXUAL MORALITY FROM CLASSICAL ANTIQUITY (GREECE AND ANCIENT ROME), BIBLICAL COUNTRIES, THE MIDDLE AGES IN EUROPE, AND SOME LATIN AMERICAN INDIAN TRIBES TO THE PRESENT DAY REVEALS A WILD FLUCTUATION IN PERCEPTIONS OF SEXUAL MORALITY AND SEXUAL OFFENSES BETWEEN COMPLETE TOLERANCE AND SAVAGE REPRESSION. CURRENT CRIMINAL CODES REGARDING SEX OFFENSES, INCLUDING THOSE OF THE U.S. AND COLUMBIA, CONTAIN BOTH REPRESSIVE AND ENLIGHTENED FEATURES, ESPECIALLY WITH REGARD TO RAPE AND STATUTORY RAPE. REPRESSIVE MEASURES THAT STILL EXIST IN COLUMBIAN CRIMINAL CODES INCLUDE THE FACTS THAT (1) SEXUAL RELATIONS WITH CONSENTING GIRLS BETWEEN 14 AND 16 YEARS OF AGE THAT ARE WITHOUT DECEIT OR VIOLENCE ARE STILL CONSIDERED OFFENSES AND ARE PUNISHED; (2) THE ABDUCTION OF A CONSENTING WOMAN IN HER MAJORITY IS CONSIDERED CRIMINAL; AND (3) PENALTIES ARE VERY SEVERE IN COMPARISON TO OTHER COUNTRIES FOR ALL TYPES OF SEXUAL OFFENSES. HOWEVER, THE COLUMBIAN CRIMINAL CODE DOES RECOGNIZE, ALONG WITH MOST OTHER COUNTRIES, THAT ANY SEXUAL ACTION COMMITTED AGAINST THE WILL OF THE VICTIM IS CRIMINAL AND IT PROVIDES FOR THE PROTECTION OF MINORS IN ALL CASES OF SEXUAL AGGRESSION. GENERALLY, THE TREND APPEARS TO BE THAT SEXUAL RELATIONS BETWEEN CONSENTING ADULTS ARE ACCEPTED, WHILE ALL RELATIONS THAT ARE FORCED, WHETHER VIOLENT OR NONVIOLENT, ARE SUBJECT TO PENALTIES. REFERENCES ARE PROVIDED. --IN SPANISH. (LGR)