Overview
Panama maintains a number of laws criminalising HIV transmission and regulating people living with HIV, including general disease provisions, aggravated sentencing, and an HIV-specific statute.
Article 308 of the Penal Code criminalises the spread of a disease that is “dangerous or contagious to humans”, or which violates measures imposed by health authorities. The offence carries a base penalty of four to six years’ imprisonment, but this is raised to 10 to 15 years in the case of contagious diseases.
The Penal Code additionally provides for increased sentences for certain offences where the defendant is living with HIV (among other diseases). Article 174, which criminalises rape, provides for an increase in sentence from seven to 12 years’ imprisonment to 12 to 18 years where the perpetrator is knowingly living with “an incurable sexually transmitted disease or acquired immunodeficiency virus (sic)”.
Importantly, Article 174 does not explicitly require transmission to take place. Conversely, a number of provisions provide for enhanced sentences where the defendant is living with a sexually transmitted disease and the disease is actually transmitted as a result of the offence. Article 176, which criminalises sex with a person between 14 and 17 years of age, increases the sentence of four to six years’ imprisonment by one third to one half. The penalty under Article 179, which criminalises involving a person under 18 years of age in sexual behaviour, is increased from eight to 10 years’ imprisonment to 10 to 15 years. Finally, Article 180, which penalises the sexual exploitation of another for profit, enhances the penalty from seven to nine years to 10 to 12 years’ imprisonment.
In addition to the Penal Code, Panama maintains an HIV-specific statute, the General Law on Sexually Transmitted Infections, the Human Immunodeficiency Virus and AIDS (Law No 3 of 5 January 2000). Chapter 1 of this law criminalises a number of behaviours including a failure to notify the Ministry of Health of the results of a sexually transmitted infection or HIV test. The law also provides a number of protections for those living with HIV, including prohibiting discrimination at work, education and elsewhere on the basis of HIV status, and the violation of confidentiality of someone’s HIV status.
To our knowledge there are no cases of HIV prosecution in Panama.
Laws
Penal Code
ARTICLE 174
Anyone who, by means of violence or intimidation, has carnal access to a person of either sex, using his or her genital organs, shall be punished by imprisonment for seven to twelve years
This sanction shall also be imposed on anyone who makes himself carnally available on equal terms.
The same penalty shall be imposed on anyone who, without the consent of the person concerned, performs oral sex on him or inserts, for sexual purposes, any object or part of his non-genital body in the anus or vagina.
The penalty shall be 10 to 15 years’ imprisonment in any of the following circumstances
- When the rape causes the victim a psychological disorder that limits or prevents her functionality.
- When the act causes the victim physical harm that results in incapacitation of more than 30 days.
- If the victim becomes pregnant.
- When the perpetrator is a minister of worship, close relative, guardian, educator or is in charge, by any title, of their custody, upbringing or temporary care.
- If the act is committed with abuse of authority or trust.
- When committed with the assistance of two or more persons or before observers.
- When the sexual access is made using denigrating or humiliating means. The penalty shall be from twelve to eighteen, if the rape is committed with knowledge of the situation by a person who is ill or is a carrier of an incurable sexually transmitted disease or acquired immunodeficiency virus.
Article modified by Law No. 21 of Tuesday, March 20, 2018, REFORMING ARTICLES OF THE CRIMINAL CODE, published in the Official Gazette of Panama on March 20, 2018.
ARTICLE 176
Whoever, using a condition of advantage, achieves sexual access with a person over fourteen and under eighteen years of age, even if there is consent, shall be punished with imprisonment of four to six years.
The penalty will be increased from one third to half of the maximum:
- When the author is a minister of worship, close relative, guardian, educator, sports trainer or trainer of artistic or musical activities or is in charge, by any title, of their custody, upbringing or temporary care.
- If the victim becomes pregnant or suffers from a sexually transmitted disease.
- If the victim drops out of school because of the crime he or she has suffered.
- When, by means of deception, there is a promise of marriage in order to obtain the victim’s consent.
Article amended by Law No. 21 of Tuesday, March 20, 2018, REFORMING ARTICLES OF THE CRIMINAL CODE, published in the Official Gazette of Panama of March 20, 2018.
ARTICLE 179
Anyone who corrupts or promotes the corruption of a person under the age of 18 by involving him or her in or witnessing behaviour of a sexual nature shall be punished by imprisonment for eight to ten years.
The penalty established in the preceding paragraph shall be 10 to 15 years’ imprisonment when
- The person is fourteen years of age or younger
- The victim is in a situation of vulnerability that prevents or inhibits his or her will
- The act is executed with the assistance of two or more persons or before third party observers.
- The act is carried out by means of deception, violence, intimidation, abuse of authority, abuse of trust, for a price to the victim or any other promise of gratification.
- The perpetrator is a relative of the victim by blood, marriage or adoption, or his guardian or any person who is involved in the process of his education, training and integral development or in his direction, care and custody.
- The victim is infected with a sexually transmitted disease.
- The victim shall become pregnant.
- The victim is proven to have altered psychosexual development.
In the case of numeral 5, the author will lose the right to parental authority, guardianship or custody, as appropriate.
Article amended by Law No. 21 of Tuesday, March 20, 2018, REFORMING ARTICLES OF THE CRIMINAL CODE, published in the Official Gazette of Panama on March 20, 2018.
ARTICLE 180
Anyone who for profit facilitates, instigates, recruits or organizes in any way the sexual exploitation of persons of either sex shall be punished by imprisonment for seven to nine years and by two to three hundred days’ fine.
The penalty shall be 10 to 12 years’ imprisonment in any of the following circumstances
- The victim is a minor.
- The victim is a disabled person.
- The victim is in a situation of vulnerability that prevents or inhibits his/her will.
- The act is executed by means of deception, force, fraud, abuse of authority, abuse of trust, violence or any means of intimidation or coercion of the victim.
- The perpetrator is a relative of the victim by blood, marriage or adoption, or his guardian or any person involved in the process of his education, training and integral development or in his direction, custody or care In this case, the author will lose the right to parental authority, guardianship or custody and will be disqualified from exercising his or her functions, if these are linked to the victim’s situation of integral development, as appropriate.
- The author infects the victim with a sexually transmitted disease.
- The victim becomes pregnant.
Article modified by Law No. 21 of Tuesday, March 20, 2018, REFORMING ARTICLES OF THE CRIMINAL CODE, published in the Official Gazette of Panama on March 20, 2018.
Penal Code
ARTICLE 308
Anyone who spreads a disease that is dangerous or contagious to humans or violates the health measures taken by the competent authorities to prevent the introduction or spread of a disease shall be punished by imprisonment for four to six years. In the case of a contagious disease, the penalty shall be 10 to 15 years’ imprisonment.
Law No 3 of 5 January 2000, B.O. 7/1/2000 - General Law on Sexually Transmitted Infections, the Human Immunodeficiency Virus and AIDS
Chapter 1 Contraventions
The following conduct is contrary to this Law:
Failure to notify, which corresponds to the person who, in accordance with the provisions of the Health Code and the regulations of the Ministry of Health, for epidemiological purposes, is obliged to report the results of a sexually transmitted infection or the human immunodeficiency virus to the Ministry of Health, and who does not do so.
Illegal request for a diagnostic test by an employer, whether public or private, national or foreign, who requests a worker or a person to be hired, for a diagnostic test of the human immunodeficiency virus or sexually transmitted infection, except in the cases provided for in this Law.
Improper use of test results, sexually transmitted infection or human immunodeficiency virus, for the purpose of discrimination at work, in educational establishments, civic organizations or otherwise.
Commercialization of fluid or human derivative.
Violation of confidentiality by anyone who, knowing the status of infection by the human immunodeficiency virus of a person, without his or her consent or without just cause in accordance with this Law, provides information, makes public or private references or communicates about the condition of the infected person.
Failure of the worker or employer to comply with the biosecurity standards of Article II.
Chapter 2 Offence against Public Health and Sanctions
Violators of this Act, whether natural or legal persons, public or private, shall be subject to the penalties laid down by law, in the Health Code and in the Criminal Code.
