Sexual Violence
Law No. 148 of 2015, known as the Puerto Rico Sexual Violence Victims Protection Act (“Ley para la Protección de las Víctimas de Violencia Sexual en Puerto Rico”), as amended, provides for the issuance of protection orders for the victims of crimes of sexual assault, lewd acts, sexual harassment, and incest.
General information on sexual violence
What is sexual assault?
The Penal Code of Puerto Rico defines the crime of sexual assault as carrying out, or causing another person to carry out, an orogenital act or sexual penetration (vaginal or anal, either genital, digital, or instrumental) under any of these circumstances:
- if the victim’s ability to consent has been diminished without their knowledge and without their consent by means of hypnosis, narcotics, depressants or stimulants, or similar means or substances
- if the victim was compelled into the act by means of physical force, violence, or intimidation
- if, at the time of the act, the victim did not have the capacity to consent and the aggressor knew it
- if the victim consented because they were deceived about the identity of the aggressor and believed the person to be another
- if the victim has not turned 16
- if, due to illness or mental disability, the victim is unable understand the nature of act at the time it occurs
What are lewd acts?
What is sexual harassment?
The Penal Code of Puerto Rico provides that the crime of sexual harassment takes place in the workplace, educational setting, or in rendering of services, and implies the following:
- requesting sexual favors for themselves or for a third party and subjecting the conditions the terms of employment, education, and service to their fulfillment
- by means of sexual conduct, provokes a situation knowing that it will be intimidating, hostile, or humiliating to the victim.
What is incest?
The Penal Code of Puerto Rico defines the crime of incest as carrying out, purposefully, knowingly, or recklessly, an orogenital act or sexual penetration (vaginal or anal, whether genital, digital, or instrumental) with a person with whom there is a relationship under any of these circumstances:
- sharing or possessing physical custody or parental rights
- being an ascendant (parent, grandparent, great grandparent, etc.) or a descendant (sons, daughters, grandchildren, great grandchildren, etc.)
- collateral relatives (brothers, sisters, nephews, nieces, etc.) by blood or adoption, up to the third degree
- being a relative by blood, adoption, or affinity
What should you do if you are a victim of sexual violence?
According to the Rape Victims Help Center, attached to the Department of Health, it is recommended:
- to act as quickly as possible
- to seek medical care immediately and to go to the nearest emergency room or to the Rape Victims Help Center, as you must have a rape kit performed
- if possible, do not alter the scene of the events
- call the Police as soon as possible
- if you wish to report the aggressor, it is important to preserve the evidence; do not clean yourself up, do not bathe and, if possible, do not change clothes
What can you do if you are facing or believe you have been the victim of a situation of sexual violence?
Any person who has been or believes they have been a victim of sexual assault, lewd acts, sexual harassment, or incest, can:
- go to the nearest Police headquarters and file a complaint against the perpetrator
- appear, with or without legal counsel, before any part of the Court of First Instance and request, without the need for a prior accusation, a protection order that would require the aggressor to:
- abide by any other order that the court deems necessary to comply with the purposes and public policy of the law
- abandon the home they share with you
- hand over to the Police of Puerto Rico any firearm in their possession, even if they have a carrying, possession, or target shooting license
- not approach your pets
- not approach the motor vehicle you use
- not approach or enter your home, place of employment or study, the place of study or care of your children, or anywhere you are
- not contact or try to contact you by any means (telephone calls, text messages, emails, regular mail, social networks), or through third parties
- not approach, bother, intimidate, threaten, harass, or pursue you
What can you do once the court issues the protection order?
After the court issues the protection order, it is recommended:
- to deliver a copy of the protection order with a photo of the aggressor to your place of employment, to security personnel at your place of residence, to your immediate neighbors and to the school your children attend
- deliver a copy of the order to the police headquarters closest to your residence
- save proof of communications from the aggressor towards you made by phone, text message, social networks, regular mail, or email
- keep a copy of the protection order with you at all times
In an emergency, immediately contact the 9-1-1 Emergency System or the nearest Puerto Rico Police headquarters or Municipal Police headquarters.
What can you do if you have a case pending in the court?
If you have a case pending in the court, you must:
- inform the prosecutor of the name of any person who is helping you
- inform the prosecutor or the court if the aggressor has firearms, target shooting weapons or of any kind
- show the prosecutor your protection order and the medical record
- sit as far away as possible from the aggressor; remember that you do not have to talk or look at the aggressor or their family or friends who are present
- ask any of your friends or any family member to accompany you during your visits to the court
- request the court or the marshal to keep the person in the room for a while until you have time to leave the court
Reviewed: November 2024