Ius et Praxis
versión On-line ISSN 0718-0012
CARRASCO JIMENEZ, Edison. EL PROBLEMA DEL SUJETO ACTIVO DEL DELITO DE VIOLACIÓN Y SUS POSIBLES VACÍOS LEGALES. Ius et Praxis [online]. 2007, vol.13, n.2, pp. 137-155. ISSN 0718-0012. http://dx.doi.org/10.4067/S0718-00122007000200007.
The purpose of this article is to show the problem of determining the perpetrator of an act of rape, and to examine the doctrinaire positions in respect and the foundations used to support them. Apart from taking sides for the position of a man as the only active perpetrator of a rape and determining the arguments given for his defence, the author asks the question of a possible legislative void in relation to the conduct of the one who allows the crime to occur, which would not be not covered by any penal type, were it rape or sexual abuse, committing the doctrine an error when attempting to make it subsume under one of these aforementioned crimes. Furthermore, it will analyze the implications on this topic, of the Draft Bill of Penal Code of 2005 written by the Penal Forum Commission, as a result of the article 98 of the aforementioned draft plan, which determines the rape conduct and based on this information sets consequences for the perpetrator
Palabras llave : Crime of rape; sexual crimes; active perpetrator.