PENAL CODE of the Democratic Republic of Timor Leste
in a condition where resistance is impossible, is punishable with 2 to 8 years
imprisonment.
Article 172. Rape
Any person who, by the means referred to in the previous article, practices vaginal,
anal, or oral coitus with another person or forces the same to endure introduction of
objects into the anus or vagina is punishable with 5 to 15 years imprisonment.
Article 173. Aggravation
If the sexual offenses referred to in articles 171 and 172 are committed:
a) Through abuse of authority arising from a family relationship, ward
or guardianship, or hierarchical, economic or labor-related
dependence;
b) Through taking advantage of duties exercised or office held, in any
capacity, in a prison, educational or correctional establishment,
hospital, mental institution, rest home, clinic or other health
establishment or establishment intended to provide assistance or
treatment; or
c) Upon an unconscious or incapable person who is particularly
vulnerable by virtue of disease, physical or mental deficiency;
d) Against a victim aged less than 17 years;
The perpetrator is punishable with 4 to 12 years imprisonment in the case of article
171 and 5 to 20 years imprisonment in the case of article 172.
SECTION III
SEXUAL EXPLOITATION
Article 174. Sexual exploitation of a third party
1. Any person who, with intent to derive profit or any person who makes a livelihood
from, promotes, facilitates, or by any other means, contributes toward engaging
another person in prostitution or other sexual acts, is punishable with 3 to 10 years
imprisonment.
2. The perpetrator is punishable with 4 to 12 years imprisonment, if any of the
following circumstances arises:
a) Exploitation of the situation of abandonment or economic
necessity of the victim;
b) Use of violence, serious threat or coercion over the victim;
c) Displacing the victim to a country different from where the victim
was born or was resident;
d) Withholding any identification document belonging to the victim.
Article 175. Child prostitution
1. Any person who, even with consent of the victim, practices any of the acts of
sexual exploitation referred to in the preceding article against a minor aged less than
17 years, is punishable with 4 to 12 years imprisonment in the case of subarticle 1
and 5 to 15 years imprisonment in cases where any of the circumstances described
in subarticle 2 occur.
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