Informe pericial psicológicoDiscapacidad intelectual y capacidad de consentimiento
- Víctor Dujo López
- Pedro José Horcajo Gil
ISSN: 1576-9941
Year of publication: 2017
Volume: 17
Issue: 1
Pages: 108-125
Type: Article
More publications in: Psicopatología Clínica Legal y Forense
Abstract
With the entry in force of the Organic Law that amends the Criminal Code under Article 183.1, the minimum age of sexual consent increased from 13 to 16 years old. Evaluating intelligence, psychological bases, and capacity of consent, this paper presents a forensic report model. Therefore, the expert report to the summary procedure X8X9/201X is provided, as there is an alleged crime of sexual abuse. Although the girl is under age and the existing law had not come into force, after diagnosing a slight intellectual disability, the EOT (Evaluation and Orientation Team) concludes that it is necessary to evaluate whether consent was vitiated despite the minor’s allegations that the relationship was free and voluntary.