Dominican Republic
CHILD SEX ABUSE SOLs
Current Criminal SOL
|
Crimes |
Custodial Sentence |
SOL *1 |
|
Rape *2 Sexual penetration AND using violence, constraint, threat or surprise |
10 up to 15 years custodial sentence |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Aggravated rape *3 Sexual penetration AND child < 18yo AND threatening with a gun or more than two perpetrators or abuse of authority, parental responsibility |
10 up to 20 years |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Incest with a child *4 Sexual act committed by an adult to a child < 18yo AND using violence/ threat/ deception/ surprise or constraint AND natural/ adoptive/ affinity kinship ties. |
10 up to 20 years custodial sentence |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Sexual assault *5 Basic type: Sexual assault that does not constitute rape Aggravated rape: vulnerable victim (illness, disability, pregnancy) or threatening with weapon or more than 2 perpetrators or abuse of perpetrator has parental responsibility or abuse of authority or assault causes physical injuries |
Basic type: 5 years. Aggravated type: 10 years |
Basic type: 5 years from commission of crime. Aggravated type: 10 years from commission of crime. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Sexual exhibitionism *6 Exhibitionism of genitals or sexual act in public that can be witnessed by third party |
6 months up to 1 year custodial sentence |
3 years (no criminal SOL can be less than 3 years). No criminal Sol beyond victim reaches age 20 in child abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Sexual harassment *7 Ordering, threatening, constraining, offering to obtain favors of a sexual nature AND perpetrator abuses authority conferred by his function. |
1 year custodial sentence |
3 years from commission of the crime. No criminal Sol beyond victim reaches age 20 in child abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Procurement of commercial child sex exploitation *8 Procurement/ benefiting from commercial child sex exploitation AND Victim child < 18yo |
2 up to 10 years custodial sentence |
10 years. No criminal SOL beyond victim reaches age 27 in child sex abuse cases — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Physical, psychological or sexual child abuse *9 Adult/ adolescent > 5 years older than victim. AND sexual act with lewd intent that has negative impact psychosexual development child AND perpetrator has relationship of authority/ duty of care (i.e. teacher, police officer, civil servant) |
2 up to 5 years custodial sentence Aggravated (abusing a victim who has suffered child trafficking): Double basic penalty. |
5 years from commission of crime. No criminal SOL beyond victim reaches age 22 years. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Child abuse by childcares *10 Child abuse AND perpetrator is parent, guardian o person who has parental responsibility
|
2 up to 5 years custodial sentence |
5 years from commission of crime. No criminal SOL beyond victim reaches age 22 years. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Surrender child in exchange for a reward *11 Promise or deliver a son/daughter/ward in exchange of payment or reward. |
3 up to 10 years |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Child trafficking for commercial exploitation *12 Promoting or providing aid/ assistance OR being accomplice AND transfer of child < 18yo abroad AND intent for profit or illegal purposes |
4 up to 6 years custodial sentence |
6 years from commission of crime. No criminal SOL beyond victim reaches age 23 years. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Using child in pornographic event *13 Using child < 18yo in theatre, television or cinema production AND child participates in sexual/ pornographic scenes
|
1 up to 5 years custodial sentence |
5 years from commission of crime. No criminal SOL beyond victim reaches age 22 years. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Commercialization of children for exploitation purposes *14 Commercializing child < 18yo AND intent to commit child sex exploitation |
20 up to 30 years custodial sentence |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Commercial child sex exploitation *15 committing, facilitating, helping, or covering up commercial child sex abuse exploitation (using child for sexual activities in exchange for money/ economic benefit) |
3 up to 10 years custodial sentence |
10 years from commission of crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Producing child sex abuse material *16 Photographing, filming, publishing child sex abuse material |
2 up to 4 years custodial sentence |
4 years from commission of crime. No criminal Sol beyond victim reaches age 21 in child abuse cases. — Tolling (suspension) & Interruption of SOL No suspension until victim reaches age of majority |
|
Online sexual assault *17 Using online methods to commit sexual assault against a child < 18yo |
3 up to 10 years custodial sentence |
10 years from the commission of the crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Producing/ disseminating child sex abuse material *18 Production, dissemination, sale or any other type of commercialization of child sex abuse material |
2 up to 4 years custodial sentence |
4 years from the commission of the crime. No criminal Sol beyond victim reaches age 20 in child abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Possession of child sex abuse material *19 Acquiring and possessing child sex abuse material by online methods for personal use or for a third-party personal use. |
Three months to 1 year from the commission of the crime. No criminal Sol beyond victim reaches age 20 in child abuse cases. |
15 years — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Illegal trafficking of migrants *20 Promoting, inducing, constraining, financing, transporting by land, sea or air or collaborate in any way in the illicit entry or exit of migrants to the country AND intent to obtain financial/ economic benefit |
10 up to 15 years custodial sentence |
10 years from the commission of the crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority |
|
Human trafficking Recruiting, transporting, transferring, sheltering, receiving children or women AND using force, coercion, kidnapping, fraud, deception, abuse of power, vulnerability victim, paying person responsible for the victim AND intent to commit exploitation (sexual exploitation, forced labour, forced marriage, slavery, servitude) |
15 up to 20 years custodial sentence |
10 years from the commission of the crime. No criminal SOL beyond victim reaches age 27 in child sex abuse cases. — Tolling (suspension) of SOL No suspension until victim reaches age of majority
|
Summary: There is a statute of limitations for all crimes. The statute of limitations varies
from 1 to 30 years depending on the crime and the aggravating circumstances.
1 Art 45 Dom. Crim.Proc Code
2 Art 331.I and II Dom.Crim. Code
3 Art 331.III and IV Dom.Crim. Code
4 Art 332.1 and II Dom.Crim. Code
5 Art 333 Dom.Crim. Code
6 Art 333.1 Dom. Crim. Code
7 Art 333.2 Dom. Crim. Code
8 Art 334.1 Dom.Crim. Code
9 Art 396 Law 136-03
10 Art 397 Law 136-03
11 Art 404 Law 136-03
12 Art 406 Law 136-03
13 Art 408 Law 136-03
14 Art 409 Law 136-03
15 Art 410 Law 136-03
16 Art 411 Law 136-03
17 Art 23 Law 53-07
18 Art 24.I Law 53-07
19 Art 24-II Law 53-07
20 Art 2 Law 137-03
21 Art 3 Law 137-03
Criminal SOL History
| Age cap | |
| By 2002 |
No modification of criminal statute of limitations for sex crimes against children since 2002 |
| The main law in the Dominican Republic related to the above-mentioned topics is Law 136-03, which is the Code for the System of Protection and Fundamental Rights of Children and Adolescents, together with the Criminal Code and the Dominican Code of Criminal Procedure. In addition, it is also worth mentioning Law 137-03 on Illicit Smuggling of Migrants and Trafficking of Persons and Law 53-07 on Crimes and High Technology Crimes, which were previously mentioned. As we can see, there has been no modification in the norms governing this subject since 2003. In spite of this, out of the norms included in this table. The Convention on the Rights of the Child, to which the Dominican Republic has been a signatory since 1991, Law 1-12 which establishes the National Development Strategy and finally Law No. 285-04 General Law on Migration of the Dominican Republic should be added as a means of protection for children and adolescents and their rights. These norms do not speak of direct penalties to the offenders of the crimes stipulated above, but they do act in virtue of the protection of the rights of Children and Adolescents in the Dominican Republic. Within these norms can be seen the prescriptions in force that include restrictions or penalties related to liability for the aforementioned crimes in the jurisdiction of the Dominican Republic. |
*Concordat: Signed 16 June 1954, ratified 6 July 1954.
In 2013, Colectiva Mujer y Salud, a women's rights group, asked the UN child rights committee
to have the Vatican make public its correspondence with the Dominican criminal justice
authorities concerning priests accused of child abuse. The group noted that "In the past 10 years
there are reports of 6 cases of sexual abuse perpetrated against at least 19 minors at the hands of
seven officials of the Catholic Church". Their concern is that article 13 of the concordat may
have justified warning the Vatican in time to let paedophile priests escape justice. And certainly
a number of accused priests, such as Cirilo Antonio Núñez and Antonio Ramón Betances have
simply disappeared [5], the ex-priest Domingo Espinal managed to escape justice by hiding for
four years [6] and after the papal nuncio, or Holy See ambassador, Archbishop Josef
Wesolowski, vanished a couple of days before accusations against him were aired on TV, the
Vatican said that he cannot be extradited, as he has diplomatic immunity.
ARTICLE XIII
“If a criminal charge is brought against an ecclesiastic or member of a religious order, the state
jurisdiction charged with the matter shall duly inform the competent Ordinary, and forward to
him the results of the investigation, and, should the eventuality arise, the ruling or sentence at
Court of first instance, appeal, review or cassation.
Should an ecclesiastic or member of a religious order be placed under arrest, he shall be treated
with the respect due to his ordained status.
If a prison sentence is passed on an ecclesiastic or member of a religious order, that sentence
shall, as far as possible, be served in facilities separate to those for lay persons, unless the
sentenced person has been reduced to lay status by the competent Ordinary.”
Current Dominican Republic criminal law:
ARTICLE 45. Limitation period.
The criminal action limitation period runs out:
1) At the expiration of a period equal to the maximum sentence, in offenses sanctioned with a
custodial sentence, without this period in any case exceeding ten years or less than three.
2) Upon expiration of a one-year term in the case of infractions sanctioned with non-custodial
sentences or arrest sentences.
ARTICLE 46. Calculation of the limitation period.
The limitation periods are governed by the main penalty provided for in the law and begin to run,
for consummated infractions, from the day of consummation; for attempts, from the day on
which the last act of execution was carried out and, for continuous infractions or those with
permanent effects, from the day on which their continuation or permanence ceased.
The prescription runs, is suspended or interrupted, individually for each of the subjects involved
in the violation. In the case of joint prosecution of various infractions, the respective criminal
actions that result from them prescribe separately in the term indicated for each one.
Other relevant legislation:
Law 136-03. Code for the protection system and the fundamental rights of Children and
adolescents.
https://app.vlex.com/#search/jurisdiction:DO/Codigo+para+el+sistema+de+proteccion+y+los+d
erechos+fundamentales+de+los+adolescentes/WW/vid/731881521
Law 137-03 – Law against the illicit traffic of migrants and human trafficking.
https://www.oas.org/dil/esp/Ley%20N°%20137-
03%20Sobre%20Tráfico%20Ilícito%20de%20Migrantes%20y%20Trata%20de%20Personas%2
0Republica%20Dominicana.pdf
Law no 53-07 – High technology Crimes and Offences act.
https://app.vlex.com/#search/jurisdiction:DO/Ley+No.+53-
07+sobre+Crímenes+y+Delitos+de+Alta+Tecnología./WW/vid/840930379
The Convention on the Rights of the Child (CRC)
tmp283.rtf (oas.org)
Law 1-12 which establishes the National Development Strategy
https://www.bing.com/ck/a?!&&p=36979b33c93af3afJmltdHM9MTY2NTEwMDgwMCZpZ3V
pZD0yNDA3YTU3Ni1lOWI0LTZjYTUtM2NjYS1iNzQ1ZThkODZkMjkmaW5zaWQ9NTE3
MQ&ptn=3&hsh=3&fclid=2407a576-e9b4-6ca5-3cca-b745e8d86d29&psq=Ley+1-
12&u=a1aHR0cHM6Ly9tZXB5ZC5nb2IuZG8vcHVibGljYWNpb25lcy8tbGV5LTEtMTItZXN
0cmF0ZWdpYS1uYWNpb25hbC1kZS1kZXNhcnJvbGxvLTIwMzA&ntb=1
Law No. 285-04 General Migration Law
Ley285-04.pdf (dgii.gov.do)
The information provided is solely for informational purposes and is not legal advice.
Internet Source :
https://app.vlex.com/#vid/615875271
https://www.concordatwatch.eu/showsite.php?org_id=843