Selected State Statutes: Puerto Rico

Statutes: Puerto Rico

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635. Conjugal sexual assault

As provided below, the penalty of imprisonment shall be imposed on any person that engages in a sexual relation[ship] without the consent of the spouse or former spouse, or of the person with whom he/she cohabitates or has cohabited or of the person he/she has or has had a consensual relationship, or of the person with whom he/she has procreated a son or daughter, under any of the following circumstances:

(a) If the person has been compelled to engage in sexual conduct through the use of force, violence, intimidation or threat of grave or immediate bodily harm; or

(b) if the person's capacity to resist has been substantially annulled or reduced, without the person's knowledge or the person's consent through the use of hypnotic methods, narcotics, depressants, stimulants or similar means or substances; or

(c) if due to an illness or temporary or permanent mental disability, the person were unable to understand the nature of the act at the time it is carried out; or

(d) if the person is forced or induced by the use of abuse, physical or psychological violence to participate or become involved in an undesired sexual relation with third parties.

The penalty to be imposed for this crime, with the exception of the modality referred to in subsection (a) of this section, shall be that of a second degree felony.

The penalty to be imposed for this crime in all its modalities shall correspond to a felony in the second degree.

The court may impose the penalty of restitution besides the established penalty of imprisonment in any of the modalities indicated above.

 

As provided below, the penalty of imprisonment shall be imposed on any person that engages in a sexual relation[ship] without the consent of the spouse or former spouse, or of the person with whom he/she cohabitates or has cohabited or of the person he/she has or has had a consensual relationship, or of the person with whom he/she has procreated a son or daughter, under any of the following circumstances:

(a) If the person has been compelled to engage in sexual conduct through the use of force, violence, intimidation or threat of grave or immediate bodily harm; or

(b) if the person's capacity to resist has been substantially annulled or reduced, without the person's knowledge or the person's consent through the use of hypnotic methods, narcotics, depressants, stimulants or similar means or substances; or

(c) if due to an illness or temporary or permanent mental disability, the person were unable to understand the nature of the act at the time it is carried out; or

(d) if the person is forced or induced by the use of abuse, physical or psychological violence to participate or become involved in an undesired sexual relation with third parties.

The penalty to be imposed for this crime, with the exception of the modality referred to in subsection (a) of this section, shall be that of a second degree felony.

The penalty to be imposed for this crime in all its modalities shall correspond to a felony in the second degree.

The court may impose the penalty of restitution besides the established penalty of imprisonment in any of the modalities indicated above.