Jey Mammon case: what difference does it make if the abuse victim is 14 or 16 years old?

Jay Mammon said in the video that he released this Wednesday that Lucas Benvenuto was 16 years old when he met him and not 14 as the complainant says.

Beyond this specific case,

Article 119 of the Penal Code states that "anyone who sexually abuses a person when he or she is under thirteen (13) years of age or when there is violence, threat , coercive or intimidating abuse of a relationship of dependency, authority, or power, or taking advantage of the fact that the victim for any reason has

to the action".

In the case of the accusation against Jey Mammon, age would not be relevant if, as the complainant alleges,

.

In a situation in which what was at stake was only age, criminal lawyer Nadia Rivas explains: “If you are under 13 years of age, there is nothing to prove if a person of legal age slept with that person.

The issue is that being under 13 years of age, consent is never valid, even if it is given.

But if you are older than 13,

, for example, that he could not freely consent to the action.

Another article to pay attention to is article 120: "Anyone who carries out any of the actions provided for in the second or third paragraph of article 119 with a person under sixteen years of age, taking advantage of his sexual immaturity, due to the age of majority of the author, his relationship of pre-eminence with respect to the victim, or other equivalent circumstance, provided that a more severely punishable crime does not result.

What happens if the complainant

?

"If the age difference is so great and the context was what Lucas told, it is the same crime," Rivas closed.

PS

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