PREGNANCY DUE TO RAPE AS AN EVIL CAUSED BY THE CRIME.

AN INTERPRETATIVE PROPOSAL OF ARTICLE 69 OF THE PENAL CODE

Authors

  • María Isabel Ruiz-Esquide Enríquez Doctoranda en derecho - Universidad Austral de Chile

DOI:

https://doi.org/10.29393/RD252-3EPMR10003

Keywords:

Extention of evil, determination of exact punishment, sexual offences, reproductive rights, pregnancy, rape

Abstract

This paper analyzes the circumstance of evil produced provided in the 69th article of the chilean Criminal Code, as a relevant aspect in which the exact amount of penalties for certain cases of the crime of rape must be considered. It proposes that the judicial interpretation must be understood in a constitutional State of Law as an argumentative practice, and that to be consistent with the injury caused by the crime in these cases, the pregnancy caused by the crime of rape must considered an evil. 

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Published

2022-12-30

How to Cite

Ruiz-Esquide Enríquez, M. I. (2022). PREGNANCY DUE TO RAPE AS AN EVIL CAUSED BY THE CRIME.: AN INTERPRETATIVE PROPOSAL OF ARTICLE 69 OF THE PENAL CODE. University of Concepción Law Review, 90(252), 75-101. https://doi.org/10.29393/RD252-3EPMR10003

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