The Provincial Prosecutor's Office in Las Tunas is grappling with a troubling rise in sexual assaults, with a significant concentration in rural communities. Lisbet Pavón Marchán, the chief prosecutor of the Criminal Processes Department, shared with the state-run Periódico 26 that while urban areas are not exempt from this issue, the rural regions, particularly Jobabo, Las Tunas, and Puerto Padre, are witnessing higher rates of these crimes.
Throughout 2023, official records documented 13 cases of sexual abuse and 18 of sexual assault. Already in 2024, there have been 11 instances of abuse and 27 assaults reported. Despite these numbers possibly seeming low, Pavón emphasized that "reality often surpasses statistics," as many victims remain silent due to shame and a reluctance to report the crimes.
The rural setting exacerbates the problem since trust in family acquaintances like uncles, stepfathers, or neighbors often leads to abuse. To clarify the legal distinctions, Pavón stated that assault involves penetration, whereas abuse refers to inappropriate touching. In both scenarios, minors are frequently the victims. These crimes typically go unnoticed initially because victims, especially children, tend to keep quiet.
Challenges in Reporting and Legal Framework
A recurring pattern seen by the Prosecutor's Office is minors' aversion to being alone with the abuser, yet they hesitate to report due to fear of repercussions, punishment, or disbelief. Pavón pointed out that perpetrators often maintain a socially acceptable facade, making them hard to identify, and they are commonly close relatives like stepfathers, uncles, grandparents, or cousins.
Victims often confide in grandparents or cousins rather than their parents. Some minors only disclose the abuse after their mothers divorce the perpetrator, particularly if the abuser is a stepfather. Pavón also noted that many mothers dismiss their children's reports as fabrications or lies.
The new Penal Code provides clearer definitions to tackle crimes related to sexual freedom and integrity, offering greater protection to victims, regardless of gender or age. As Norge Nosley Sastre García, head of the Organization and Planning Department, explained to Periódico 26, this legal framework aims to eliminate discriminatory criteria and unify previously scattered legal concepts.
Penalties and Recent Convictions
One of the key additions is the crime of sexual assault, now covering elements previously classified under rape, violent pedophilia, and certain lascivious abuse cases. Meanwhile, "sexual abuse" is reserved for acts involving inappropriate touching without penetration.
The current Penal Code, under Article 396.1, stipulates penalties for sexual abuse ranging from six months to two years in prison, fines between 200.00 and 500.00 units, or both. In aggravating circumstances, sentences can extend up to five years in prison with higher fines. According to Sastre, this new legal framework seeks to address serious offenses comprehensively, ensuring minors' protection and a more equitable and thorough handling of sexual crimes.
In October, Cuba sentenced 19 people for involvement in child trafficking crimes from 2022 to 2024, as reported by the official Granma newspaper. During this period, 14 cases linked to this illegal act were prosecuted, with an equal number of victims identified, all underage girls. The sentences for the accused, including 13 men and six women, range from three to 20 years in prison.
In June, a Ministry of the Interior officer who sexually abused a four-year-old girl in Buey Arriba was sentenced, on appeal, to three years of imprisonment by the Granma Provincial Court. Maikel Solano Arévalo received this sentence after initially being sentenced to three years of corrective labor without internment by the Buey Arriba Municipal Court, which would have spared him from serving time in prison.
That same month, following over two days of a tense search that gripped authorities and the Cienfuegos community, a man accused of multiple sexual abuses was finally apprehended. Dunién Hernández, a resident of Reina Street, was arrested in the early hours of Friday by the Special Brigade, as reported by Facebook user Saúl Manuel.
Understanding Sexual Assault and Abuse in Cuba
What is the difference between sexual assault and sexual abuse according to Cuban law?
Sexual assault involves penetration, whereas sexual abuse pertains to inappropriate touching without penetration.
Why are sexual crimes more prevalent in rural areas of Las Tunas?
Rural areas often see higher rates of these crimes due to excessive trust in family acquaintances, such as uncles or neighbors, which can lead to abuse.
How does the new Penal Code in Cuba address sexual crimes?
The new Penal Code offers clearer definitions and comprehensive measures to protect victims and address serious offenses, ensuring equitable treatment in cases of sexual crimes.