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Criminal Code of the Principality of Andorra (2005) 

 

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Article 114 – Domestic abuse

Anyone who repeatedly inflicts physical or psychological violence on someone who is or was his or her partner or with whom he or she cohabits or cohabited, or on the ascendants, descendants or own brothers or sisters of this person or any other person under the custody or care of one partner or the other shall be sentenced to a term of imprisonment of not more than three months and not less than three years, irrespective of any other penalty that may be imposed on account of the injuries caused in each instance. Abuse shall be deemed to be habitual where at least three acts of violence have been committed on the same person or on any of the other persons mentioned in the previous paragraph within a period of three years, irrespective of whether such offences were investigated and prosecuted together or separately.

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Article 144 - Sexual assault

Anyone using violence or intimidation to force another person to take part in a sexual act shall be sentenced to a term of imprisonment of not less than three months and not more than three years. Any attempt to commit such an act shall be punishable.

Article 145 - Sexual assault constituting rape

When sexual assault consists of vaginal, anal or oral penetration or the introduction of objects or parts of the body into the vaginal or anal passages, the perpetrator shall be sentenced to a term of imprisonment of not less than three and not more than ten years. Any attempt to commit such an act shall be punishable.

Article 146 - Aggravated assault

Perpetrators of sexual assault as described in Article 144 shall be sentenced to a term of imprisonment of not less than two and not more than seven years and perpetrators of the offence described in Article 145 shall be sentenced to a term of imprisonment of not less than six and not more than fifteen years where the offence takes place in one of the following circumstances:

1. The offence is committed in a group, with the participation of two or more persons;

2. The perpetrator is an ascendant, descendant, or brother or sister of the victim or a person exercising legal or de facto family authority over the victim;

3. The victim is particularly vulnerable by virtue of his or her age, or because of illness, disability or circumstances. Victims under the age of fourteen shall be considered especially vulnerable on grounds of age in all cases. In such circumstances, the sentences applied shall lie in the upper half of the scale of punishments;

4. Where, because of the very nature of the sexual act, the means used, the specific circumstances or any other reason, the sexual assault is particularly degrading and hurtful for the victim;

5. Where the sexual assault endangers the victim's life or physical integrity.

Article 147 - Non-consensual sexual acts

1. Anyone who engages in a sexual act with a person under the age of fourteen or a person with a physical or mental disability or who is unconscious or incapable of putting up any form of resistance, or does so by taking advantage of the person's disability, shall be sentenced to a term of imprisonment of not less than three months and not more than three years.

2. Where the act consists of vaginal, anal or oral penetration or the introduction of objects or parts of the body into the vaginal or anal passages, the perpetrator shall be sentenced to a term of imprisonment of not less than three and not more than ten years.

3. If the perpetrator is an ascendant, descendant, or brother or sister of the victim or a person who exercises legal or de facto family authority over the victim, or if the victim is particularly vulnerable by virtue of his or her age or because of illness or circumstances, the perpetrator shall be sentenced to a term of imprisonment of not less than two and not more than seven years in the case described in paragraph one above and not more than six and not less than fifteen years in the case described in paragraph two above.

4. Any attempt to commit such an offence shall be punishable under all circumstances.

Article 148 – Sexual abuse committed by a person with authority over a minor

1. Anyone who engages in a sexual act with a person over the age of fourteen but under the age of eighteen over whom they have authority shall be sentenced to a term of imprisonment of not less than three months and not more than three years.

2. Where the act consists of vaginal, anal or oral penetration or the introduction of objects or body parts into the vaginal or anal passages, the perpetrator shall be sentenced to a term of imprisonment of not less than two and not more than six years.

3. If the perpetrator is an ascendant, descendant, or brother or sister of the victim or a person who exercises legal or de facto family authority over the victim, or if the victim is particularly vulnerable by virtue of his or her age or because of illness or circumstances, the applicable term of imprisonment shall be increased from three to six years.

Article 149 – Sexual abuse committed by a person with authority over an adult (sexual harassment)

1. Anyone who engages in a sexual act with an adult over whom he or she has authority shall be sentenced to a term of imprisonment of not more than one year, a semi-custodial penalty or house arrest.

2. Where the act consists of vaginal, anal or oral penetration or the introduction of objects or body parts into the vaginal or anal passages, the perpetrator shall be sentenced to a term of imprisonment of not less than three months and not more than three years. Any attempt to commit such an act shall be punishable.

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