The same punishment shall be applied to an individual who commits a carnal act with
another person of either sex who, at the time of the crime: [...] 4: was not able to resist
because of physical or mental illness; because of another reason independent of the will of
the guilty party; or as a result of fraudulent measures or narcotic or stimulant substances
that the guilty party has employed.
Article 379: [...] A carnal act performed upon a woman older than the age of sixteen and
younger than the age of 21 with her consent is punishable when she has been seduced with
promises of marriage and the woman is known to be honest; in that case, the punishment is
six months to one year in prison.
Article 380: As regards the crimes described in the foregoing articles, a trial will not take
place without the accusation of the offended party or her legal representatives. [...] The case
will go forward ex officio in the following circumstances: 1. If the act caused the death of the
offended party or was accompanied by another crime that can be tried ex officio. 2. If the act
was committed in a public place or in view of the public [...]
Article 382: Any individual who, beyond the cases described in the foregoing articles, has
affronted modesty or good customs via acts committed in a public place or exposed to the
view of the public will be punished with three to fifteen months in prison. Those who
repeatedly or for the purposes of profit and to satisfy the passions of another indulge,
facilitate, or aid in the prostitution or corruption of another person will be punished with
one to six years in prison. If this crime is committed against a minor, the term of the
punishment to be applied is between the middle and maximum of this.
Article 393: When any of the crimes defined in articles 375, 376, 377, 384, and 385 is
committed against a prostitute, the punishments established under this law shall be reduced
by a fifth.
Article 395: Anyone guilty of any of the crimes defined in articles 375, 376, 377, 379, 388,
389, and 390 shall be exempt from punishment if he marries the offended party prior to the
conviction, and the trial in all its aspects shall cease with regard to the punishment
corresponding to these punishable acts. If the marriage takes place after conviction,
execution of the punishment and all criminal consequences shall cease. If a marriage does
not take place, those imprisoned for seduction, rape, or elopement shall be sentenced via
civil indemnity to provide for the offended party if she is single or a widow and as long as
she is an honest woman.
46.
Both the Inter-American Commission and bodies of the United Nations have urged the
Venezuelan State to eliminate this type of law from the Criminal Code and adapt it to international human
rights standards on the rights of women.7
47.
following:
With regard to the crime of torture, the Criminal Code in force in 2000 established the
Article 182: [...] The suffering, offenses to human dignity, ridicule, torture, or physical or
moral abuses committed against detained persons by their guards or jailers or those who
7 See: United Nations Committee on the Elimination of Discrimination against Women Concluding observations on the
combined seventh and eighth periodic reports of the Bolivarian Republic of Venezuela. CEDAW/C/VEN/CO/7-8. November 14, 2014.
Available at: http://acnudh.org/wp-content/uploads/2015/01/N1462775.pdf; IACHR, Democracy and Human Rights in Venezuela.
OEA/SER.L/V/II.
Doc.
54.
December
30,
2009,
para.
924.
Available
at:
https://www.cidh.oas.org/countryrep/Venezuela2009eng/VE09.TOC.eng.htm; United Nations Committee on the Elimination of
Discrimination against Women Concluding observations of the Committee on the Bolivarian Republic of Venezuela.
CEDAW/C/VEN/CO/6. January 31, 2006. Available at: http://www.un.org/Docs/journal/asp/ws.asp?m=CEDAW/C/VEN/CO/6