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LA MUERTE DE LA VíCTIMA CON OCASIóN DE UN ATENTADO SEXUAL

DOI: 10.4067/S0718-97532010000100008

Keywords: proportionality, rape crime, homicide, penalty, sexual integrity.

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Abstract:

death of a victim is an event that can occur because of the execution of a crime of sexual connotation for several reasons. of course, in most cases it could happen as a result of the physical eífort used to commit the crime. in exceptional cases, however, it could be caused by the proper execution of the incriminating action; in the utilization of any means for its commission, even when not violent; and still in the impression caused in the oífended party upon the imminence of a sexual assault. several of the situations that could actually happen are contained in article 372 bis of the criminal code that penalizes anyone committing homicide due to the execution of rape. but this provisión does not contain every case in which it is possible to link the homicide to the rape, ?or those in which death is related with other crimes of sexual significance, different from rape. the purpose of this article is to examine from a dogmatic point of view, the criminal type of article 372 bis of the criminal code, in order to specify what its scope of application is and to determine how those cases not comprehended by the norm are resolved. the previous accompanied by a critical assessment of the system.

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