The intrafamiliar violence is a phenomenon that undermines the Colombian society, debilitating its more solid foundations, by which it cannot be ignored by the State policies that try to improve the conditions of life of his inhabitants. When the legislator, taking care of the recommendations of the Constitutional Court, excluded the sexual abuse from the penal type of intrafamiliar violence, he did not do it to offer a more benign treatment. What it did was, as it is demonstrated through the study of the identified jurisprudencial line in this work, to locate it in the place that it reality deserves in the society.