Paraguay
CHILD SEX ABUSE SOLs
Current Criminal SOL
| CRIMES | CUSTODIAL SENTENCE | SOL *1 – STAUTE OF LIMITATIONS |
| Rape *2 Penetrative sexual acts with perpetrator or third party AND Victim < 18 años AND Use of force/threats/intimidation. | 2 to 12 years custodial sentence When the victim is a minor, a custodial sentence of 3 to 15 years applies. *3 | 15 years *4 Tolling (suspension) – SOL
Until victim turns 18 years old. |
| Sexual abuse *5 Non-Penetrative sexual acts with perpetrator or third party AND Victim < 18 years AND Use of force/threats/intimidation. | Up to 10 years custodial sentence | 10 años Tolling (suspension) – SOL
Until victim turns 18 years old |
| Child trafficking with the aim to commit child sexual exploitation *6
Basic: Exploiting vulnerability of immigrant child AND inducing victim to engage in commercial sexual exploitation
Aggravated: Using force/ threats of force/ deception OR Victim < 14yo OR danger of injury/ loss of life.
Perpetrator may act alone or as part or criminal enterprise Consent of victim is not valid
| Basic: Up to 8 years custodial sentence
Aggravated: Up to 12 years custodial sentence | Basic: Up to 8 years custodial sentence
Aggravated: Up to 12 years custodial sentence
Tolling (suspension) – SOL Until victim turns 18 years old |
| Child trafficking with the aim to commit personal/ labor exploitation *7
Basic: Exploiting vulnerability of immigrant child AND subjecting victim to slavery/ forced labor/servitude engage in labor exploitation
Aggravated: Using force/ threats of force/ deception AND intent to commit labor exploitation OR intent to remove organs
Consent of victim is not valid
| Basic: Up to 8 years custodial sentence
Aggravated: Up to 12 years custodial sentence
| Basic: 8 years
Aggravated: 12 years
Tolling (suspension) SOL
Until victim turns 18 years old
|
| Sexual abuse with incapacitated *8 Non-penetrative sexual acts AND incapacitated victim unable to offer resistance AND victim child <18yo
|
Up to 3 years custodial sentence
| 3 years.
Tolling (suspension) SOL
Until victim turns 18 years old.
|
| Rape of incapacitated person *9
Penetrative sexual acts AND incapacitated victim unable to offer resistance AND victim child <18yo
|
Up to 10 years custodial sentence
| 10 years
Tolling (suspension) SOL
Until victim turns 18 years old.
|
| Sexual abuse of child interned in an institution *10
Perpetrator commits sexual acts against a person who is interned in a closed institution AND perpetrator has direct control/ supervision over victim AND victim < 18yo
|
Basic: up to 3 years custodial sentence or fine.
Aggravated (perpetrator is a state official): Up to 5 years custodial sentence
| Basic: 3 years
Aggravated: 5 years
Tolling (suspension) SOL
Until victim turns 18 years old
|
| Sexual exhibitionism *11
Committing obscene sexual acts in public AND witnessed by child < 18 years old. | Up to 1-year custodial sentence OR Fine. | 3 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
| Sexual harassment *12
Abuse of power. Official position with control over victim. AND Harassing victim with sexual intent. AND Victim < 18yo
| Up to 2 years custodial sentence | 3 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
| Physical/ psychological child abuse when perpetrator has duty of care *13
Perpetrator has duty of care (i.e., Educational, guardianship) AND Child < 18yo AND Committing severe, repeated physical/ psychological abuse or damaging child’s physical health
| 3 years custodial sentence or Fine | 3 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
| Statutory Sexual abuse *14
Non-penetrative sexual contact. AND Victim < 18yo
Aggravated: severe physical maltreatment; repeated abuse; perpetrator had duty of care.
|
Basic: up to 3 years custodial sentence
Aggravated: up to 5 years custodial sentence.
| Basic: 3 years
Aggravated: 5 years
Tolling (suspension) SOL
Until victim presses charge
|
| Statutory Rape *16 Penetrative sex AND Victim < 14yo
| Basic: 3 to 12 years.
Aggravated (victim < 10yo): 3 to 15 years
| Basic: 12 years
Aggravated: 15 years *17 Tolling (suspension) SOL Until victim presses charge
|
| Sexual abuse victim under guardianship *18
Sexual acts AND Perpetrator has guardianship responsibility AND Victim is biological, adoptive, stepchild of the spouse/ common law partner OR child 14 to 16 yo OR child 16 to 18y and exploiting power imbalance to overcome victims will.
|
Up to 3 years custodial sentence
| 3 years Tolling (suspension) SOL
Until victim turns 18 yo |
| Sexual abuse of adolescent using deception *19
Adult man AND victim adolescent girl 14 to 16 yo AND penetrative contact AND using deception
| Fine | 3 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
| Homosexual acts with children *20
Adult perpetrator AND 14 to 16 yo same sex victim
|
Up to 2 years custodial sentence OR fine
| 3 years Tolling (suspension) SOL
Until victim turns 18 yo
|
| Commercial child sexual exploitation *21 Inducing child to engage in sexual exploitation activities AND Victim is < 16o OR Victim is 16-18yo AND perpetrator abusing trust, naiveté, helplessness OR perpetrator has educational duty of care
| Basic: up to 5 years custodial sentence.
Aggravated (commercial intent): up to 6 years custodial sentence
Hyper aggravated (child < 14 yo): up to 8 years custodial sentence
| Basic: 5 years
Aggravated: 6 years
Hyper aggravated: 8 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
| Child sexual exploitation material *22 Basic type: Producing, distributing, importing, exporting, offering, exchanging, exhibiting, disseminating, promoting or financing the production or reproduction of child sex exploitation material (child <18yo engaging in sex acts or exhibiting his/her genitals) Attenuated type: Possession/ reproduction of child sex exploitation material Aggravated type: child < 14 yo or using force/threat/coercion/ deception/remuneration or commercial purpose/ part of criminal organization/ perpetrator has duty of care.
| Whoever reproduces publications shall be punished by deprivation of liberty for up to 3 years custodial sentence or fine
Basic type: Up to 5 years custodial sentence or fine
Aggravated type: Up to 10 years custodial sentence
| Attenuated: 3 years Basic: 5 years Aggravated: 10 years Tolling (suspension) SOL
Until victim turns 18 yo |
| Live child sex exploitation event *23 Basic: organizing, financing, promoting private/public shows where a child < 18 engages in sexual acts. Aggravated type: child < 14 yo or using force/threat/coercion/ deception/remuneration or commercial purpose/ part of criminal organization/ perpetrator has duty of care. | Basic: Up to 5 years custodial sentence or fine
Aggravated type: Up to 10 years custodial sentence
| Basic: 5 years
Aggravated: 10 years
Tolling (suspension) SOL
Until victim turns 18 yo
|
1 Art. 102. Código Penal Paraguayo.
2 Art. 128.3. C.P.P.
4 Párrafo 3 del artículo 103. C.P.P.
5 Art. 128.1 – Ley N.° 3440/08. C.P.P.
6 Arte. 129.b. Código Penal Paraguayo.
7 Arte 129.c Código Penal Paraguayo.
8 Arte 130.1 Código Penal Paraguayo
9 Arte 130.2 C.P.P.
10 Arte 131 C.P.P.
11 Arte 132 Código Penal Paraguayo.
12 Arte 133 C.P.P.
13 Arte 134 Código Penal Paraguayo.
14 Arte 135.1 y 2 C.P.P.
15 Párrafo 4 del artículo 103, C.P.P. ( SOL – Hasta que la víctima presente cargos penales)
16 Arte 135.1 y 4 C.P.P.
17 Párrafo 4 del artículo 103, C.P.P. (SOL – Hasta que la víctima presente cargos penales)
18 Artículo 170. EC. Código Penal Paraguayo.
19 Arte 137 Código Penal Paraguayo.
20 Arte 138 Código Penal Paraguayo.
21 Arte 139 Código Penal Paraguayo.
22 Arte 140,1 140,2 y 3 Código Penal Paraguayo.
23 140.2 Código Penal Paraguayo.
Summary: Some crimes have a SOL of between 13 and 20 years. Other crimes do not have a SOL.
Criminal SOL History
Age Cap | |
By | Approval Law 3440. It modified art 103 Paraguay Penal Code. It introduced numeral 2. Criminal statute of limitations for most sex crimes against children is tolled until victim reaches 18 yo. |
2020 | Approval Law 6535. It modified art 103 Paraguay Penal Code. It introduced numeral 3. Criminal statute of limitations is tolled for child sexual abuse (art 135) until the victim press charges. |
*Concordato: N/A
Current Paraguayan Criminal Law:
ARTICLE 102
Statute of limitations:
– The punishable acts prescribe in:
fifteen years, when the maximum limit of the foreseen criminal framework is fifteen years or
more of imprisonment;
three years, when the maximum limit of the foreseen criminal framework is imprisonment for
up to three years or a fine;
in a time equal to the maximum of the custodial sentence in other cases.
– The term will run from the moment the punishable conduct ends. In the event of subsequent
occurrence of a result that belongs to the legal type, the term will run from that moment.
– Punishable acts, provided for in article 5 of the Constitution, are imprescriptible.
– The term will be governed according to the legal type applicable to the fact, without
consideration of aggravating or mitigating circumstances provided for in the provisions of the
general part or for especially serious or less serious cases.
ARTICLE 103 Suspension.
The term for prescription will be suspended:
When, due to objectively insurmountable circumstances, criminal prosecution cannot be
initiated or continued. This will not apply when the obstacle to criminal prosecution consists of
the lack of intent or the authorization provided for in Article 100.
Until the victim reaches the age of majority in the cases of punishable acts contemplated in
Articles 128 to 140, apart from Article 135, which will be governed according to the following
numeral.
Until the filing of the complaint, in the case of child sexual abuse, provided for in Article 135.