CUBA
CHILD SEX ABUSE SOLs
Current Criminal SOL
Crimes |
Custodial Sentence | SOL *1 |
Rape *2 |
7 to 15 years custodial sentence. |
25 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime. |
Aggravated rape *3 |
8 up to 20 years custodial sentence |
25 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime. |
| Hyper aggravated rape *4 |
15 up to 30 years or life imprisonment |
25 years *No SOL in cases where the law provides for the penalty of death or life imprisonment. — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Rape of a minor under the age of 12 *5 | 15 up to 30 years custodial sentence or life imprisonment |
25 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime. |
|
Simple sexual abuse *6
|
6 months up to 2 years custodial sentence |
5 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Aggravated sexual abuse *7 |
1 year up to 3 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Hyper Aggravated sexual abuse *8 | 2 to 5 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Misdemeanour Sexual abuse *9 | 6 months up to 1 year |
5 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Proposal sexual act by public officer *10 |
Basic type: 6 months up to 2 years. Aggravated type: 2 up to 5 years. |
Basic: 5 years Aggravated: 10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
|
Pimping and other forms of sexual exploitation *11 Aggravated: abuse of authority; victim under the care of the perpetrator; when the person responsible for the crime does so because of the gender of the victim
|
4 to 10 years Aggravated: 8 to 20 years Connection to transnational organized crime: 15 to 30 years or life imprisonment |
Basic: 15 years Aggravated: 25 years Connection to transitional organized crime: 25 years *No SOL where the law provides for a sentence of life imprisonment |
| Sexual harassment and Assault *12 |
Basic: 6 months up to 2-year custodial sentence. Aggravated: 1 to 3 years *13 |
5 years Aggravated: 10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Exhibitionism *14 | 6 months up to 2 year custodial sentence | 5 years |
| Distributing Obscene Material *15 |
Basic: 1 to 3 years custodial sentence Aggravated *16: 2 to 5 years custodial sentence |
10 years |
| Possession of Child Sexual Abuse Material *17 | 6 months up to 1 year | 5 years |
|
Incest *18
|
Basic type: 3 months up to 1 years. Aggravated type: 6 months up to 2 years |
5 year — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Adolescent sexual abuse *19 | 1 to 3 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Procurement Commercial Child Sexual Exploitation (child < 18 yo) *20 | 7 up to 15 years custodial sentence |
25 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Aggravated CCSE *21 | 20 up to 30 years custodial sentence. Or life imprisonment |
25 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Inducing child < 18 to attend venue where CCSE takes place *22 | 3 up to 8 years custodial sentence |
15 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Proposed CCSE *23 | 2 to up to 5 years custodial sentence | 10 years |
| Lack of adult supervision of child who is being abused by CCSE *24 | 2 up to 5 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Offering pornographic material or engaging in Sexual act in front of a child < 18yo *25 | 2 up to 5 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Negligent adult supervision that allows child CCSE or CSAM *26 | 2 up to 5 years custodial sentence |
10 years — Tolling (suspension) of SOL Interruption if the perpetrator, in the course of the statute of limitations, commits a new crime |
| Trafficking in persons *27 | 7 to 15 years custodial sentence | 25 years |
|
Aggravated trafficking in persons *28 Applies when the victim is under the age of 18 |
10 to 30 years or life imprisonment |
25 years * No SOL applies when the law provides for a sentence of life imprisonment |
| Sale, Purchase, and Trafficking of Underage Persons *29 |
2 to 5 years Aggravated: The sanction provided for in the previous sections is increased by one third in its minimum limit and the maximum in half. *30 |
10 years |
Summary: The statute of limitations varies from 5 to 25 years depending on the crime and the aggravating circumstances. When a crime is punishable by death or life imprisonment, there is no more statute of limitations.
1 Art 96 Cub. Crim. Code
2 Art 395.1 Cub.Crim. Code
3 Art 395.4 Cub.Crim. Code. 395.4(e) states that this article applies if the victim is older than 12 and younger than
18 years of age.
4 Art 395.5 Cub.Crim. Code
5 Art 395.6 Cub.Crim. Code
6 Art 396.1 Cub.Crim.Code. Perpetrators may be subject to a custodial sentence or a fine of 200 to 500 units
(cuotas are units of a fine that have variable value), or both.
7 Art 396.2 Cub.Crim. Code. Perpetrators may be subject to a custodial sentence or a fine of 300 to 1000 units, or
both.
8 Art 396.3 Cub.Crim. Code.
9 Art 396.4 Cub.Crim.Code. Perpetrators may be subject to a custodial sentence or a fine of 100 to 300 units, or
both.
10 Art 398 Cub.Crim.Code
11 Article 364 of the Cuban Criminal Code
12 Art 397 Cub.Crim. Code
13 Art 397.2 applies if the perpetrator takes advantage of: 1) the vulnerable situation of the victim; 2) the power,
authority, or ancestry they have over the victim; 3) of their authority in employment, teaching or of another
analogous type with respect to the victim, announcing expressly or tacitly the production of a damage or injury
related with the legitimate expectations that they may have in the scope of said relationship of authority, if the
sexual proposal is rejected. Art. 397.3 applies the same custodial sentence if the act is a consequence of gender
violence or family violence, or for any discriminatory reason.
14 Article 397.4 of the Cuban Criminal Code
15 Art 399.1 Cuban Criminal Code
16 Art 399.2 Cuban Criminal Code applies if the acts described Art 399.1 pertain to pornography of persons under
the age of 18 or mentally disabled.
17 Article 399.3 of the Cuban Criminal Code
18 Art 401 Cub. Crim. Code
19 Art 400 Cub. Crim. Code. Punishable by custodial sentence or a fine of 300 to 100 units, or both.
20 Art 402.1 Cub. Crim. Code
21 Art 402.2 Cub. Crim. Code
22 Art 402.3 Cub. Crim. Code
23 Article 402.4 of the Cuban Criminal Code. The mere proposal of the acts mentioned in Article 402 sections 1 and
3 are punishable.
24 Art 403 (a) Cub.Crim. Code
25 Art 403 (b) and (c) Cub Crim. Code
26 Art 406 Cub.Crim.
Code
27 Article 363.1 Cuban Criminal Code: Whoever promotes, organizes, incites or executes the recruitment,
transportation, transfer, harboring or reception of people, using threats, coercion, violence, deception, or bribery,
taking advantage of a situation of vulnerability of the victim or of their gender, or through payment to whoever has
authority over them to obtain their consent, in order that they be subjected to labor or sexual exploitation, forced
or compulsory labor, forced marriage, illegal adoption, begging, practices analogous to slavery, servitude, removal
of organs or the performance of other criminal activities contrary to human dignity.
28 Article 363.2 Cuban Criminal Code: applies under the following circumstances a) it is committed by a public
official or by a person who, by reason of his position or relationship with the victim, enjoys ascendancy over the
victim; b) when the victim is a person under eighteen years of age or in a state of mental disability; c) when there
are injuries or sequels of the type provided for in articles 346 and 347 of this Code, or the death of any person; d) if
the act is committed by a person who, at the time of the act, has a criminal record for a similar crime; e) when the
person responsible for the act does so regularly; f) when it is carried out through the entrance or exit of the victim
from the national territory; and, g) is committed in connection with transnational organized crime.
29 Article 365.1 of the Cuban Criminal Code
30 Article 365.4 of the Cuban Criminal Code: the following circumstances must be present: a) If fraudulent acts are
committed with the purpose of deceiving the authorities; b) if it is committed by a person who has the victim
subject to their custody and care; c) if the victim is in a state of disability; d) when the perpetrator executes it due
to the gender of the victim; e) if it is committed by an official or employee of an institution that has the person
under eighteen years of age under their custody and care; f) if the act is carried out by personnel who work in the
health institution in which the person under eighteen years of age is hospitalized for any reason; g) when the
person responsible for the acts foreseen in the previous sections performs them habitually; h) if the purpose is to
transfer the victim outside the national territory; and, i) they are committed in connection with transnational
organized crime.
Criminal SOL History
Age Cap |
|
By 2002 |
Cuba is only one of two countries in the Iberoamerican Conference (the other being Dominican Republic) that has not modified its Criminal Code to expand criminal statute of limitations for sex crimes against children since 2002. The criminal SOL starts running from the time the crime is committed. It’s not suspended until the victim reaches the age of majority. However if the perpetrator commits a new sex crime, the criminal SOL is interrupted (Art 64.3.c Cub.Crim.Code). |
*Concordat: N/A
CURRENT CUBAN CRIMINAL LAW
Article 96
- The criminal action prescribes by the passage of the following terms counted from the
commission of the punishable act.- Twenty-five years, when the law establishes for the offense a penalty of more than ten
years temporary deprivation of liberty; - Fifteen years, when the law establishes for the offense a sanction of temporary
deprivation of liberty for six years and one day up to ten years; - Ten years, when the law establishes for the offense a sanction of temporary deprivation
of liberty for two years and one day up to six years; - Five years, when the law establishes a sanction of up to two years of temporary
deprivation of liberty; and - Three years, when the law establishes a sanction of a fine.
- Twenty-five years, when the law establishes for the offense a penalty of more than ten
- In the case of crimes for which the law establishes more than one sanction, for the purposes of
calculating the above terms, the one with the greatest severity is taken into account and, in this, its
maximum limit. - The prescription is interrupted:
- From the time the proceeding is initiated against the accused;
- For any act of the competent body of the State, aimed at the persecution of the accused or
defendant; and - If the defendant or accused, during the term of the prescription, commits another crime.
- After each interruption, the term of the prescription begins to run again; in these cases, the
criminal action also prescribes after twice the period indicated for this has elapsed. - The provisions on the prescription of criminal action are not applicable to crimes in which the law
establishes the penalty of death or life imprisonment, as well as crimes against humanity, and
those provided for by international treaties in force for the Republic of Cuba.
The information provided is solely for informational purposes and is not legal advice.
Internet Source:
https://app.vlex.com/#
https://www.concordatwatch.eu/concordat-with-general-ongana-1966–t29641
https://www.streetchildren.org/legal-atlas/map/cuba/status-offences/can-the-law-cause-
commercially-sexually-exploited-children-to-be-criminalised/
New Penal Code replaces the old code – Law 62 of 1987 : GOC-2022-861-O93 of September 1,
2022 (available at: https://www.gacetaoficial.gob.cu/sites/default/files/goc-2022-o93_0.pdf). This
penal code takes effect 90 days after its publication in the official gazette – December 1, 2022.