As of this week, in the country will be sanctioned with imprisonment not only the sex explorers, the punishment has been extended to all the environment that collaborates and benefits from this crime.
Law No. 3.0963, published on Tuesday, June 18, in the newspaper El Peruano, modifies ten articles of the Penal Code and incorporates seven others sexual exploitation and related crimes. Among them, article 153 F stands out, which incorporates the crime of & # 39; Profit by sexual exploitation& # 39; It states that a person who "without taking part in the acts of sexual exploitation of another person receives an economic benefit or other derivative from such acts" could be punished with between 6 and 8 years in prison.
The penalty is aggravated up to 14 years' imprisonment if the person has some kind of family relationship with the victim, if he is under his care or if he has a superior relationship with the victim. If the victim is a minor, the penalty may be up to 15 years in prison.
"In a nutshell, here they are involving hotel owners and managers, because before they received no fines, although they let the minors go to the hotels." Now, if he could have warned that that child would be exploited, he could be penalized. seems good to me because we will reduce the margin of impunity, "says the promoter specialized in human trafficking, Miluska Romero.
For the NGO CHS Alternativo, the hotel employee can also be punished with article 153 D, which incorporates the offense of promotion or favoring the sexual exploitation. In this, it is advised that it will also punish up to 15 years in prison who promotes, favors orsexual exploitation of another person.
Another important aspect included in the regulation is that clients of victims of legal age can also be imprisoned for up to 12 years. sexual exploitation. The Penal Code has already sanctioned up to 6 years in prison for clients of minors who are victims of sexual exploitation. The new norm raised the maximum sentence to 20 years in prison and adds that "the consent given by the adolescent lacks legal effects."
For the executive director of CHS Alternativo, Ricardo Valdés, this point about clients of possible victims of legal age can be interpreted as a penalty for prostitution. It assures that the incorporation can be exaggerated and seems the result of a populist proposal.
"You can reduce demand, but you do not get the protection result for women because people who continue in this activity are likely to be trafficked. In Peru, many of these adult women who make a decision to engage in sexual activity do so within the their lives. This side is being exaggerated a bit, "he warned.
Affects trafficking in human beings
Both for the promoter Miluska Romero and Ricardo Valdés, the regulation itself presents an advance in the regulation of the crime of sexual exploitation. However, they agree that there are gaps and some duplicity of crimes that can be misinterpreted.
According to the attorney specialized in treatsThere are disturbing changes, such as the one made in Article 183-B, which defines the offense of Proposals to boys and girls for sexual purposes. It is specified that anyone who contacts a child under 14 years of age to request or obtain pornographic material from him or to propose to him to carry out any act of sexual connotation with him or with third parties shall be punished by a maximum sentence of 9 years in prison. prison. In the same way with the incorporation of the crime of promotion or favoring the sexual exploitation that punishes with a maximum of 15 years of prison.
"It can be confused with human trafficking because promoting or facilitating retention for the purpose of exploitation is about people. In that case, the penalty is up to 25 years in prison. Traffickers can see this change and ask to be sued for these new crimes that have minimal fines. This is very serious, "says the prosecutor.
Romero also criticizes that the context of the crime of sexual exploitation has not been defined to differentiate it from the one that comes from human trafficking. In addition, it ensures that the penalties are disproportionate.
Likewise, Ricardo Valdes thinks that he finds an "abolitionist spirit" within the philosophy of the changes made in norms oriented to punish the demand with great force.
"I am convinced that exploitation must be regulated and penalized whether in the sexual or labor field or in any other, what concerns me is the consistency and consistency between the crimes found in the Penal Code and in that sense the penalties So high that they generate an impression on citizenship that Congress is worried about punishing those who are involved in sexual exploitation, "he says.
After an analysis of the changes offered by the new standard, the NGO CHS Alternativo concludes that there is a duplication caused by the way of writing the new criminal types and a lack of precision between what it involves managing, directing and receiving sexual exploitation. which could give rise to problems of interpretation and even of competition for crimes in determining the applicable crime.
The draft of the norm was drafted by Congresswoman of the Popular Force, Karla Schaffer, and included some initiatives of the parliamentarian of New Peru, Indira Huilca. It was presented in 2017 and approved in the Plenary on May 16. However, on the 25th of the same month, 10 articles of the standard were observed by the Executive. It has just been published this week.
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