ANALYSIS OF VULNERABILITY AND INABILITY TO RESIST AS NORMATIVE OBJECTIVE ELEMENTS OF THE CRIMINAL TYPE OF RAPE

Abstract

Section 2 of Article 156 of the Criminal Code incorporates as assumptions of the crime of rape, the taking advantage of the victim's vulnerability or inability to resist, so this brief study examines the content of these constructs as normative objective elements of the crime, as well as analysis a factor that is common to them and that is relevant to the typical adequacy, the existence of an asymmetrical power relationship between the perpetrator and the victim.