Robbery with rape

Abstract

This work analyses and criticises the crime of “robbery with rape” as stated in article 433 N°1 of the Chilean Criminal Code. The author asserts that this norm is not only inconvenient according to legislative technique criteria, but it also infringes the Constitution. In relation to the nature of the norm, the author propounds that it does not involve a criminal offence but a rule to determine the punishment for someone who has committed both crimes within the same factual context. Building on this premise, the author analyses its consequences in the subject areas of perpetration, incitement and accessoryship, iter criminis and altering circumstances of criminal responsibility.