Lawyers: Penal Code is "excessive" in punishment for rape

The National Council of Former Presidents of the Dominican Bar Association announced this Thursday that it is preparing a file of proposed amendments to the recently enacted Penal Code , which has been studied for more than four years in the National Congress.

The group specifically cited Article 136, which establishes penalties of between 10 and 20 years in prison for those who, within a romantic relationship , engage in what legislators defined as "non-consensual sexual activity."

Although the council reiterated its absolute respect for women's rights, it warned that the current wording of the text could send a signal "that weakens the Dominican family structure," and believes it is necessary to review whether the sentencing framework is proportional.

This article, established in the promulgated Penal Code , indicates that the penalty for rape within a couple will be applied in cases where there is physical violence, use of narcotics or other methods to annul the victim's will, or when the partner is forced to participate in an unwanted sexual relationship with a third party.

Although the council reiterated its absolute respect for women's rights, it warned that the current wording of the text could send a signal "that weakens the Dominican family structure," and believes it is necessary to review whether the sentencing framework is proportional.

In this regard, the legal group announced that it is preparing a technical document to be submitted to the National Congress, with concrete proposals to adjust sentencing ranges and prevent " disproportionate rulings ."

"It's indisputable that all rape must be punished, but when such high limits are set in a couple's relationship, the legislation can have counterproductive consequences for family life and the administration of justice," said Miguel de la Rosa, representing the group.

Another point on which the former presidents of the Bar Association proposed modifications corresponds to traffic accidents .

In this regard, they recalled that the council submitted a proposal during the review of the bill, with the aim of toughening penalties when it is proven that an accident was caused by drivers who were intoxicated , under the influence of drugs, or due to serious lack of caution.

According to them, the current Law 63-17 only provides sentences of between two and three years for this type of offense, while the new Penal Code raises them to a maximum of five.

For legal experts, this response is "insufficient" in the face of what they defined as a " pandemic of deaths " on Dominican roads, caused by reckless and reckless behavior .

The council had therefore proposed sentences of between 10 and 15 years in cases where accidents resulted in multiple fatalities .

The council announced that it will reiterate this and other observations in a document that it will submit to the Legislative Branch, with the aim of enriching the discussion and providing technical analysis.

The entity concluded that it is in the process of deliberating to reach a consensus on its final positions and that all its proposals will be duly based on legal and social criteria .

Code Process

The legal experts praised the legislators' efforts to approve the new Penal Code , and while they said they have proposals they will present soon, they highlighted the new piece, which will contribute to strengthening the justice system .

At the same event, they presented recognition to Senator Santiago Zorrilla , who chaired the bicameral commission that studied the Penal Code project.

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