EL SALVADOR
CHILD SEX ABUSE SOLs
Current Criminal SOL *1
| Crimes | Custodial Sentence | SOL *2 |
Rape *3 |
Basic type: 8 up to 12 years Aggravated type: Maximum penalty |
No criminal SOL’s |
Rape of a minor or
|
Basic type: 14 up to 20 years Aggravated type: (Art 162 Sv. Crim. Code) Maximum penalty increased by up to a third |
No criminal SOL’s |
| Statutory Rape *5 |
Vaginal or anal carnal access with a minor under fifteen years of age or with another person, taking advantage of his mental derangement, state of unconsciousness or incapacity to resist 14 up to 20 years custodial sentence
|
No criminal SOL’s |
| Prevailing statutory rape *6 | Vaginal or anal carnal intercourse by means of deception, with a person < 15 and > 18. | |
| Other Sexual assaults *7 |
Basic type: 3 up to 6 years Aggravated type: 6 up to 10 years. Other aggravating circumstances: (art 162 Sv. Crim. Code) if victim under 18 years old or other aggravating factors. Maximum penalty increased by up to a third
|
No criminal SOL’s |
| Sexual assault on a minor and incapacitated *8 |
Sexual aggression carried out with or without violence that does not consist of carnal access, on a minor < 15 or on another person. Basic type: 8 up to 12 years Aggravated type: 14 up to 20 years. Other aggravating circumstances: (art 162 Sv. Crim. Code) Maximum penalty increased by up to a third |
No criminal SOL’s |
| Rape of adolescent using deception *9 |
Vaginal or anal carnal access by means of deception, with a person over 15 years of age and under 18 years of age. In case it is committed against a minor under 15 years old, it will be statutory rape as indicated above. 4 up to 10 years |
No criminal SOL’s |
| Rape of adolescent abusing superiority in a relationship *10 |
Vaginal or anal carnal access with a person over 15 and under 18 years of age, taking advantage of the superiority of any relationship. 6 up to 12 years
|
No criminal SOL’s |
| Sexual harassment *11 |
Basic type: 3 up to 5 years custodial sentence Aggravated: 4 up to 8 years custodial sentence If the sexual harassment is carried out by taking advantage of the superiority originated by any relationship, a fine of one hundred to two hundred days’ fine will be imposed. |
No criminal SOL’s |
| Non-penetrative Sexual assault of a child or teenager *12 |
Anyone who performs by means of deception, with a person over 15 and under 18 years of age, any sexual act other than carnal access 4 up to 8 years custodial sentence. The diverse sexual act performed with a person under 16 years of age, even with his or her consent. 8 up to 12 years custodial sentence |
No criminal SOL’s |
| Corruption of minor | 6 up to 12 years custodial sentence | No criminal SOL’s |
| Aggravated corruption |
12 up to 14 years custodial sentence. | No criminal SOL’s |
| Promoting the use of children in sexual acts *15 | 3 up to 8 years custodial sentence | No criminal SOL’s |
| User of commercial child sex exploitation *16 |
This crime refers to anyone who pays or promises to pay money or any other advantage of any nature to a person under 18 years of age so that the minor performs sexual or erotic acts. 3 up to 8 years custodial sentence |
No criminal SOL’s |
| Promoting commercial child sex exploitation *17 |
3 up to 8 years of custodial sentence. Aggravating circumstances regulated on Art 173-B. Corresponding maximum penalty increased by up to one third. |
No criminal SOL’s |
| Determination towards prostitution *18 |
Whoever coercively or abusing a situation of need, determines a person to engage in prostitution or to maintain himself in it: 6 up to 10 years of custodial sentence. If the victim is under 18 years of age: 8 up to 12 years of custodial sentence. |
No criminal SOL’s |
Offering commercial child sex abuse exploitation *19 |
The mere offer or offering of prostitution services of others as well as the mere demand or solicitation of prostitution services: 4 up to 8 years custodial sentence
|
No criminal SOL’s |
| Public exhibitionism in front of children *20 |
2 up to 4 years custodial sentence |
No criminal SOL’s |
|
Distribute pornographic material to children *21 |
3 up to 5 years custodial sentence |
No criminal SOL’s |
|
Production/ distribution child sex abuse material of a pornographic nature Or Organizing/participating Live sex abuse events of a pornographic nature *22 |
6 up to 12 years custodial sentence Aggravating circumstances regulated on Art 173-B. Corresponding maximum penalty increased by up to one third. |
No criminal SOL’s |
|
Possession child sex abuse material *23 |
2 up to 4 years custodial sentence |
No criminal SOL’s |
|
Child trafficking *24 |
Basic type: 10 up to 14 years custodial sentence The aggravating circumstances for the crime of trafficking of persons are regulated in Article 55 of the Law on Trafficking in Persons. Aggravated type: 16 up to 20 years custodial sentence if victim is child< 18yo (art 55.of the aforementioned Law). |
No criminal SOL’s, as long as they were committed after the entry into force of the Human Trafficking Law |
|
Remuneration for child trafficking *25 |
Basic type: 4 up to 10 years custodial sentence. Aggravated type: When the victim is a child or adolescent, the prison sentence shall be increased by one third of the maximum. |
No criminal SOL’s, as long as they were committed after the entry into force of the Human Trafficking Law |
Summary: The Salvadoran legislator has established that the criminal action does not prescribe in cases in which the crimes committed have been against the sexual freedom of a minor or incapable person.
In accordance with amendment No. 15 of the Criminal Procedural Code contained in Legislative Decree No. 151, which entered into force on September 15, 2021, it was established that the above is considered of public order and must be applied to future proceedings regardless of the date on which the crimes were committed.
On the other hand, the law of human trafficking establishes in its article 62 that the criminal action for the aforementioned offenses is not subject to the statute of limitations, as long as they were committed after the entry into force of the law, that is, January 13, 2015.
1 The scope of the term "statute of limitations" in this section is understood as the statute of limitations to initiate
criminal action for a particular crime. In accordance with Salvadoran legislation, its general rule is regulated in Art.
32 of Sv. Criminal Procedure Code.
2 Art 32 Sv. Criminal Procedure Code – The statute of limitations does not apply to crimes committed against the
sexual freedom of minors or incapable persons. According to Legislative Decree No. 151, which entered into force
in October 2021, this article was reformed in the sense that the provisions of this article are considered to be of
public order and must be applied to future proceedings regardless of the date on which the facts were committed.
3 Art 158 Sv.Crim. Code
4 Art 159 Sv. Crim. Code
5 Art 163 Sv. Crim. Code
6 Art 164 Sv. Crim. Code
7 Art 160 Sv. Crim. Code
8 Art 161 Sv. Crim. Code
9 Art 163 Sv. Crim. Code
10 Art 164 Sv. Crim. Code
11 Art 165 Sv. Crim. Code
12 Art 166 Sv. Crim. Code
13 Art 167 Sv. Crim. Code
14 Art 168 Sv. Crim. Code
15 Art 169 Sv. Crim. Code
16 Art 169-A Sv. Crim. Code
17 Art 169 Sv. Crim. Code
18 170 Sv Crim. Code
19 Art 170-A Sv. Crim. Code
20 Art 171 Sv. Crim. Code
21 Art 172 Sv. Crim. Code
22 Art 173 Sv. Crim. Code
23 Art 173-A Sv. Crim. Code
24 Art 54 and 55.of the Human Trafficking Law,, Legislative Decree No 824.
25 Art 56 Decree no 824
Criminal SOL History
Age Cap |
|
By 2014 |
In November 2014 El Salvador’s legislative Assembly approved Decree N° 824, containing the Special Law against Human Trafficking. Article 62 of such law established that there’s no criminal statute of limitations for human trafficking crimes included in chapter XI* (criminal provisions) of this law that are committed against both adults and children. |
2015 |
By Legislative Decree No. 217, dated December 10, 2015, published in the Official Gazette No. 2037, Volume No. 409, dated December 23, 2015, Article 99 of the Criminal Code was amended in the sense that it was established that the penalty for crimes committed against the sexual freedom of minors, among other crimes, does not prescribes, as long as the crimes were committed after the entry into force of the Criminal Code. The Criminal Code entered into force in 1974. In addition, by means of the same decree, Article 32 of the Code of Criminal Procedure was amended in the sense that it was established that the criminal action does not prescribe in cases in which the crimes have been committed against the sexual freedom** of minors, among other crimes, as long as they are crimes whose beginning of execution was after the entry into force of the Code of Criminal Procedure. |
2021 |
By Legislative Decree No. 151, dated September 7, 2021, published in the Official Gazette No.185, Volume No. 432, dated September 29, 2021, Article 99 of the Criminal Code was amended in the sense that it was established that the penalty for crimes committed against the sexual freedom of minors, among other crimes, does not prescribes, as long as the crimes were committed after the entry into force of the Criminal Code. The Criminal Code entered into force in 1974. Article 32 of the Code of Criminal Procedure was reformed in the sense that a clause was incorporated indicating that the statute of limitations of the criminal action is considered of public order and that it must be applied to future proceedings regardless of the date on which the crimes were committed. Additionally, it was established that the provisions of Article 34 of said Code referring to the statute of limitations of the procedure shall not apply to present or future criminal proceedings initiated in cases of crimes committed against the sexual freedom of minors, among other crimes. |
*Important note: Crimes where criminal SOL has been abolished are detailed in Chapter XI- criminal provisions (art 54 to 57) of Decree No 824, regarding the Special Law against Human Trafficking.
** Important Note: Crimes against sexual freedom where criminal SOL have been eliminated are detailed in BOOK II. TITLE IV. (Arts 158 to 174-B El Salvador Criminal Code).
*Concordat: N/A
NO DNA STATUTE |
CURRENT CRIMINAL LAW
Current El Salvador Criminal Procedure Code:
If the persecution has not started, the criminal action statute of limitations will run out:
1) After the expiration of a term equal to the maximum foreseen in the crimes sanctioned with a custodial sentence; but, in no case shall the term exceed fifteen years, nor shall it be less than three years.
2) After three years in crimes sanctioned only with non-custodial sentences.
3) A year in fines.
The prescription will be governed by the main penalty and will extinguish the action even with respect to any accessory criminal consequence.
There is no statute of limitations for criminal action in the following cases: torture, acts of terrorism, kidnapping, genocide, violation of the laws or customs of war, forced disappearance of persons and crimes committed against the sexual freedom of minors or incapable persons, provided that they are of facts whose execution began after the validity of this code.
The provisions of the preceding paragraph are considered to be of public order, and must be applied to future processes regardless of the date on which the acts were committed.
IMPORTANT NOTE: El Salvador has abolished statute of limitations BOTH for starting the criminal action and for the imposition of the penalty by virtue of final sentence in sex crimes against children. However, each type of statute of limitations is regulated in a different code. The SOL for the criminal action is regulated in art 32 of the El Salvador Criminal Procedure Code. The SOL for the penalty is regulated in art 99 of the El Salvador Criminal code.
Current El Salvador Criminal Code:
ARTICLE 99 (relating to the statute of limitations for the penalty)
Time limitations for the penalty.
The custodial sentence imposed by a final sentence expires by prescription in a period equal to that of the sentence imposed plus a quarter of it, but in no case will it be less than three years.
The non-custodial sentence prescribes after three years.
The penalty imposed for a fault prescribes in one year.
There is no criminal statute of limitations in the following cases: torture, acts of terrorism, kidnapping, genocide, violation of the laws or customs of war, forced disappearance of persons, political, ideological, racial, sex or religious persecution, and crimes committed against the sexual freedom of minors or incapable persons, as long as they are acts whose beginning of execution was after the validity of this code.
Decree no 824. Special law against Human Trafficking.
Art. 62.- Criminal action does not have a statute of limitations for the crimes provided for in the previous Chapter (Chapter XI- criminal provisions Decree No°824), provided in the case of crimes whose execution began after the entry into force of the same.
Other relevant legislation:
Decree no 824. Special law against human trafficking (special criminal law).
Decree No°o 217 containing the reforms of the Criminal Code and Criminal Procedural Code in relation to the rules of prescription of the criminal action and the penalty in crimes committed against sexual freedom and others, as long as they were perpetrated following the entry into force of the Criminal Code and the Code of Criminal Procedure.
Decree No. 151, containing the reforms to the Criminal Procedure Code
indicating that the statute of limitations of the criminal action is considered of public order and that it must be applied to future proceedings regardless of the date on which the crimes were committed. Such is applied to crimes committed against the sexual freedom of minors.