Article 267 of the Penal Code provides for a punishment of rigorous imprisonment (meaning imprisonment with hard labor) for anyone who rapes a woman, which shall be permanent if the perpetrator is a “Specified Perpetrator, meaning an ancestor of the victim, other person responsible for her upbringing or having power over her, or a paid servant of the victim or the perpetrator . Article 267 does not address rape of men. Article 268, however, is gender-neutral. It prescribes three to seven years of rigorous imprisonment with hard labor for indecent assault of a person by force or threat, or an attempt to do so. The punishment for indecent assault may increase if (i) the victim was less than 16 years old, or (ii) the perpetrator is a Specified Perpetrator. The punishment for indecent assault increases to permanent rigorous imprisonment with hard labor when a Special Perpetrator indecently assaults a person under 16 years old. Finally, Article 269 provides that anyone who indecently assaults a minor under 18 years of age without force or punishment is subject to imprisonment. If the victim was less than seven years of age or the perpetrator is a Specified Perpetrator, the penalty is rigorous imprisonment with hard labor. Article 290 provides that kidnapping a woman is punished with permanent rigorous imprisonment with hard labor. If the kidnapper also rapes the woman, the sentence is death. English translation available here.
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