TRUE OR FALSE
If a person under 13 says they agree to sexual intercourse with penetration, it is not a crime.
FALSE: Even if the minor ¨gives consent¨ is not considered valid in Costa Rican laws.
According to Costa Rican law, what is it called?:
Sexual acts without penetration and without consent
Sexual abuse
While you are in Costa Rica, under which jurisdiction would you be judged? That of your country or that of Costa Rica?
Costa Rica
Maximum prison sentence for rape.
Up to 16 years (can be more if there is a power relationship).
If a person is very intoxicated, they cannot give valid consent
TRUE: the victim's consent is vitiated in that case.
According to Costa Rican law, what is it called?:
Penetration without consent.
Rape
Does sexual abuse require penetration?
No
Maximum prison sentence for sexual abuse
Up to 10 years.
If the victim is over 18, the school decides whether to file a complaint.
FALSE: If the victim were an adult over 18 will depend exclusively on that person
The principle that says a person is innocent until proven guilty
Presumption of innocence
Can intoxication invalidate consent?
Yes
Even if the victim is of legal age, can they ask their parents or school to file the complaint?
No, family and school can provide support, but it is the victim who must make the decision to do so.
Penetration without consent is rape.
TRUE
The principle that says in case of doubt, the decision favors the accused.
In dubio pro reo (or in dubio pro student)
In Costa Rica the law requires that a criminal complaint be filed when a minor is the victim. What is the school's responsibility in that case?
When the school becomes aware of the situation of this type it must inform the parents so that they can proceed to file the complaint and if the parents do not file the complaint, then the school is forced by law to do so because the victim is a minor.
It is a crime when a person aged 15 to 18 has sexual intercourse with someone who is at least…
7 years older.
If there is doubt in a legal process, the decision must favor the accused.
TRUE: The principle is indubio pro reo / indubio pro student
It have to be clear, free, and valid agreement to participate in a sexual activity.
Consent
Can age difference make a consensual relationship a crime?
Yes
If the victim is a minor and the parents do not file a complaint, who must do it by law?
The school