VENEZUELA

CHILD SEX ABUSE SOLs

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Current Criminal SOL

Crimes	Custodial Sentence	*SOL 1**
*Rape 2**	10 up to 15 years custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Statutory rape 3**	15 up to 20 years custodial sentence.	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Aggravated rape 4**	15 up to 20 years custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Gang rape/ rape by abuse authority/ trust/ domestic relationships 5**	Basic type: 8 up to 14 years custodial sentence.	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Sexual assault 6**	Basic type: 6 up to 30 months custodial sentence. Aggravated: 1 up to 5 years custodial sentence. Hyperaggravated: 2 up to 6 years custodial sentence.	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Sexual abuse of adolescent 7**	1 year custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Sexual abuse of an adolescent under false promise of marriage 8**	6 months up to 1 year custodial sentence.	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Incest 9**	3 years up to 6 years custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Exhibitionism 10**	3 up to 15 years custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Procurement of prostitution 11**	3 up to 15 months custodial sentence	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Child kidnapping to commit a sex offence 12**	3 up to 5 years custodial sentence. Attenuated type (art 385 Ven. Crim Code – voluntarily freeing victim before committing sex act). 6 up to 30 months custodial sentence.	One year from the commission of the crime or since the legal representative of the victim becomes aware of the facts. Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Induction of child commercial sexual exploitation (CCSE) 14**	Basic type: 3 up to 18 months custodial sentence. Aggravated type: one up to 4 years (if multiple aggravating factors sentence can be increased to 2 up to 5 years)	Basic type: 3 years Aggravated type: 5 years 15 Tolling (suspension) SOL* No suspension until victim reaches age of Majority
*Facilitating/ favouring CCSE 16**	Basic type: 3 up to 12 months Aggravated type: 3 up to 18 months	Basic and aggravated type: 3 years Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Aggravated CCSE 17**	4 up to 6 years Custodial sentence	5 years from the time of commission Tolling (suspension) SOL No suspension until victim reaches age of Majority
*Procurement Commercial Child sexual exploitation 18**	Basic type: 5 up to 8 years. Aggravated type: 6 up to 10 years	Basic and aggravated type: 10 years. Maximum until victim reaches age 28 years. 19 Tolling (suspension) SOL* Suspension until victim reaches age of Majority
*Non-penetrative child sex abuse 20**	2 up to 6 years custodial sentence	7 years. Until victim reaches 25 years. Tolling (suspension) SOL
*Child rape 21**	10 up to 15 years custodial sentence	Fifteen years from the commission of the crime Tolling (suspension) SOL No Suspension until victim reaches age of Majority
Rape against women and girls	Basic type: 12 up to 18 years custodial sentence. Aggravated type: 20 up to 25 years custodial sentence	Fifteen years from the commission of the crime Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Rape of a victim who is especially vulnerable 24**	20 up to 25 years custodial sentence	Fifteen years. Until victim reaches 33 years. Tolling (suspension) SOL Suspension until victim reaches age of Majority
*Sexual abuse without penetration 25**	Basic type: 8 up to 12 years custodial sentence Aggravated type: 12 up to 16 years custodial sentence.	Fifteen years Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Forced prostitution 26**	20 up to 25 years	Fifteen years. Until victim reaches 33 years. Tolling (suspension) SOL Suspension until victim reaches age of Majority
*Sexual slavery 27**	20 up to 25 years	Fifteen years. Until victim reaches 33 years. Tolling (suspension) SOL Suspension until victim reaches age of Majority
*Sexual harassment 28**	3 up to 7 years.	Seven years 29 Tolling (suspension) SOL* Suspension until victim reaches age of Majority
*Human trafficking of women and girls 30**	10 up to 15 years custodial sentence.	Fifteen years. Until victim reaches 33 years. Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Human trafficking of women and girls with the intent to commit exploitation 31**	Aggravated type (when victim is child < 18yo): 25 up to 30 years custodial sentence	Fifteen years. Until victim reaches 33 years. Tolling (suspension) SOL Suspension until victim reaches age of Majority
*Human trafficking 32**	25 up to 30 years custodial sentence	15 years from time of commission Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Release child abuse material to the general public 33**	25 up to 30 years custodial sentence.	15 years from time of commission Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Dissemination of child sex abuse material 34**	25 up to 30 years custodial sentence.	15 years from time of commission Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Production child sex abuse material 35**	25 up to 30 years custodial sentence.	15 years from time of commission Tolling (suspension) SOL No Suspension until victim reaches age of Majority
*Elaboration of child sex abuse material 36**	20 up to 25 years custodial sentence.	15 years from time of commission Tolling (suspension) SOL No Suspension until victim reaches age of Majority

Query local lawyer :

What is the criminal statut of limitations for crimes punished by a maximum penalty of exactly 10 years ? The wording of art 131 is not clear. It says : « The criminal action time period expires: a. At twenty years, when the maximum penalty for the crime is imprisonment for fifteen or more years; b. At fifteen years, when the maximum penalty established by law is imprisonment for between more than ten and less than fifteen years; after ten years, when the maximum penalty established by law is imprisonment for between more than five and less than ten years”

According to the answer can you please adapt the table

Summary: The statute of limitations varies from 1 to 15 years depending on the crime and the aggravating circumstances.

*1 Art 379 Ven.Crim. Code

*2 Art 374.I Ven.Crim. Code

*3 Art 374.II.1 and 2 Ven.Crim Code

*4 Art 374.II.1 or 3 or 4 Ven.Crim. Code

*5 Art 375 Ven.Crim.Code

*6 Art 376 Ven. Crim.Code

*7 Art 378.1 Ven.Crim. Code

*8 Art 378.2 Ven.Crim. Code

*9 Art 380 Ven.Crim. Code

*10 Art 381 Ven.Crim. Code

*11 Art 381. Ven.Crim. Code

*12 Art 384 Ven.Crim.Code

*13 Art 386 Ven.Crim. Code (SOL)

*14 Art 387 Ven.Crim.Code

*15 Art 108 and 109 Ven.Crim.Code (SOL)

*16 Art 388 Ven.Crim.Code

*17 Art 389 Ven.Crim.Code

*18 Art 258 OLPCA

*19 Article 108 Ven.Crim. Code and Ruling 14-0130 Venezuela Supreme Court of Justice

*20 Art 259, 260 OLPCA

*21 Art 259, 260 OLPCA

*22 Art 266 OLPCA

*23 Art 57 OLRWLFV

*24 Art 58 OLRWLFV

*25 Art 59 OLRWLFV

*26 Art 60 OLRWLFV

*27 Art 61 OLRWLFV

*28 Art 62 OLRWLFV

*29 Article 108 and 109 Ven.Crim.Code

*30 Art 71OLRWLFV

*31 Art 72OLRWLFV

*32 Art 41 OLOCFT

*33 Art 46 OLOCFT

*34 Art 47 OLOCFT

*35 Art 48 OLOCFT

*36 Art. 49 OLOCFT

CRIMINAL SOL SNAPSHOT

Age Cap
By 2017	According to ruling 14-0130 issued on 15th March 2017 by the Constitutional Chamber of the Supreme Court of Justice, the Court established the legally binding rule (point 5th and 6th of its decision) that in the crimes of: sexual violence, recurring offence, sanctioned in article 43 of the Organic Law on the Right of Women to a Life Free of Violence (OLRWLFV); carnal intercourse with victim who is especially vulnerable (art 58 – OLRWLFV); forced prostitution (art 60 OLRWLFV); sexual slavery (art 61 OLRWLFV); human trafficking or girls and adolescents (art 72 OLRWLFV), sexual exploitation, recurring offence, of boys and adolescent males (art 258 Organic law for the protection of boys, girls and adolescents – OLPBGA); sexual abuse of boys and adolescent males, recurring offence (art 259, art 260 OLPBGA), when the victim of these crimes is a minor child or adolescent, the criminal statute of limitations is suspended until the victim reaches de age of majority. In the event that the death of the victim, child and/or adolescent occurs, the criminal statute of limitations will begin from the day the minor dies
2021	In October 2021 the Law for the prevention and eradication of the sexual abuse committed against boys, girls and adolescents was approved by the Venezuelan state. Article 4.12 of the new established as a guiding principle of the new law that all types of sexual abuse crimes committed against boys, girls and adolescents would not have a criminal statute of limitations. However, the Law did not modify article 108 of the Venezuelan Criminal Code, that codifies the criminal statute of limitations for crimes, establishing that sex crimes against children do not have a limitation period.

PLEASE LOCAL LAWYER CONFIRM THERE IS NO TOHER LAW OR REFORM OR PENDING PROJECT

Concordat: Signed 6 March 1964, ratified 24 October 1964 – no direct impact on the prosecution of religious people

Article 4 of the Concordat provides that:

The Catholic Church is recognized in the Republic of Venezuela as a legal person of public nature.

Also to enjoy legal personality when participating in civil life are the Dioceses, Cathedral Chapters, Seminaries, Parishes, Orders, Religious Congregations and other institutes of Christian perfection that are canonically recognized.

Institutions and private entities which, according to canon law, have legal personality shall enjoy the same legal status with the state once they have met the legal requirements.

Current Venezuelan criminal Code:

General criminal SOL’s:

ARTICLE 108

Except in the case in which the Law provides otherwise, the criminal action prescribes as follows:

For fifteen years, if the crime deserves a prison sentence that exceeds ten years.
For ten years, if the crime deserves a prison sentence of more than seven years without exceeding ten.
For seven years, if the crime merits a prison sentence of seven years or less.
For five years, if the crime merits a prison sentence of more than three years.
For three years, if the crime merits a prison sentence of three years or less, arrest for more than six months, relegation to a penitentiary colony, confinement or expulsion from the geographic space of the Republic.
For one year, if the punishable act only entails arrest for a term of one to six months, or a fine greater than one hundred and fifty tax units (150 U.T.), or suspension from the exercise of profession, industry or art.
For three months, if the punishable act only carries a fine of less than one hundred and fifty tax units (150 U.T.), or arrest for less than one month.

ARTICLE 109 Venezuela Criminal Code:

The statute of limitations for completed criminal acts will begin from the day of the perpetration; for infractions, attempted or unsuccessful, from the day the last act of execution was performed; and for continued or permanent infractions, from the day on which the continuation or permanence of the act ceased.

Especial criminal SOL’s

Regulating criminal SOL’s Book II. Title VIII. Of the crimes against the good customs and good order of the families. Chapter I. Of rape, seduction, prostitution or corruption of minors and outrage of modesty (art 374 to 404)

Art 379 Venezuela Criminal Code.

With regard to the crimes provided for in the preceding articles, the prosecution will not take place except by accusation of the aggrieved party or whoever represents their rights.

But the complaint is not admissible if one year has elapsed from the day on which the act was committed or from the day on which the person who can file a complaint on behalf of the aggrieved person became aware of it.

Regulating criminal SOL’s Book II. Title VIII. Of the crimes against the good customs and good order of the families. Chapter II. Kidnapping to commit sex act (art 383 to 386).

ARTICLE 386. Venezuelan criminal code

With regard to the crimes provided for in the preceding articles, the prosecution will not take place except by accusation of the aggrieved party or his legal representative. But the complaint will not be admissible if one year has elapsed since the act took place or since the day on which the person who can file it on behalf of the offended party became aware of it.

Law for the prevention and eradication of sexual abuse committed against boys, girls and adolescents (October 2021)

Article 4

This Law is governed by the following principles:

Children and adolescents as full subjects of rights who exercise citizenship.
Superior Interest of Children and Adolescents.
Absolute priority.
Equality and non-discrimination.
Gender equality and equity.
Fundamental responsibility of families in the upbringing of children and adolescents.
Co-responsibility of the State, families and society in the comprehensive protection of children and adolescents.
Protection of the victim and non-revictimization.
Absolute respect for human dignity.
Recognition of freedom, autonomy and the right to free development of the personality of girls, boys and adolescents.
Protection, safety and support for children and adolescents who are victims of sexual abuse.
The imprescriptibility of crimes of sexual abuse of children and adolescents in all its forms.
Confidentiality.