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English to Spanish translations [PRO] Law/Patents - Education / Pedagogy | | English term or phrase: Sexual assault and sexual battery | 14. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a, or 289, or committed a sexual battery as defined in Penal Code 243.4. (Education Code 48900(n))
Agresión sexual/asalto sexual - sexual assault
Sexual battery - ataque sexual
He visto ambos agresión sexual y asalto sexual, mas no sé cuál equivale a 'sexual assault' y cuál equivale a 'sexual battery'. |
| | | agresión sexual y abuso sexual | Explanation: The references show that we are dealing with sexual assault and sexual battery as defined by the California Penal Code. It is important to be clear about this, because not all jurisdictions define these things in the same way.
Regarding sexual assault, the articles cited refer to rape (261), intercourse procured by fraud or fear (266c), sodomy (286), sex with children (288), and sexual penetration by force, duress or menace (289).
Sexual battery is defined in article 243.4 as "touching an intimate part of another person" (referring to genitals, anus, groin, buttocks or woman's breast) while that person is restrained, incapacitated, disabled or unconscious or against that person's will.
http://law.onecle.com/california/penal/
So sexual battery, as defined in California, is not the same as battery, and it is clearly a less serious offence than sexual assault, and the penalties reflect that.
In order to find the equivalent terms in Spanish we really need to know the target of the translation, since each country has its own penal code. In Spain, the equivalent distinction (though the match is by no means perfect) is broadly that between “agresión sexual” and “abuso sexual”, as defined in the Código Penal, título VIII (Delitos contra la libertad e indemnidad sexuales).
First, “agresiones sexuales” are defined in Capítulo I, artículos 178-180. The term refers to rape and comparable assaults: penetrative sex accomplished through violence or intimidation. This coincides with at least one sort of sexual assault in California.
“Abusos sexuales” (Capítulo II, artículos 181-182) refers to non-violent, non-consensual “actos que atenten contra la libertad o indemnidad sexual de otra persona” (or consensual acts with a child under 13). It covers acts with an unconscious, incapacitated, disabled or drugged person. The acts may be penetrative, but it then becomes aggravated “abuso” with a higher penalty.
http://noticias.juridicas.com/base_datos/Penal/lo10-1995.l2t...
So I think these are the most suitable terms to use.
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| Selected response from:
Charles Davis Local time: 23:24
| Grading comment Selected automatically based on peer agreement. 4 KudoZ points were awarded for this answer |
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