Modifying various legal bodies to improve procedural guarantees, protect the rights of victims of sexual crimes and prevent their re-victimization, are the main pillars of the so-called “Antonia law”, a project that concluded its analysis in particular in the Special Commission for Women and Gender Equality.
It should be remembered that the initiative – which receives its name in memory of the young Antonia Barra, who took her own life after being sexually assaulted – received a series of instructions in order to perfect and harmonize the legal text; In addition, during its processing, various related actors were listened to and the permanent participation of the Ministry of Women and the National Prosecutor’s Office.
Senator Isabel Allende, president of the specialized instance valued and celebrated the progress and stressed that “it is very important to include the induction of suicide” and thanked the family of Antonia Barra.
The legislator took the opportunity to condemn the recent femicides and acknowledged the feeling of “powerlessness.” Along these lines, he called for making a “greater effort so that society becomes aware and advances in avoiding violence.”
For her part, the Minister of Women and Gender Equity, Monica ZalaquettHe highlighted the relevance of the project, “this type of conduct will no longer remain in impunity. As a society we are giving a clear signal of total condemnation of any type of violence against women ”.
Increase in penalties and statute of guarantees
Among the agreements reached are a series of rights of the victims that include avoiding re-victimization with personnel trained in gender training and anticipation of the test in order to avoid secondary victimization.
The Criminal Procedure Code incorporates a Guarantee Statute in favor of victims of sexual crimes in criminal proceedings
Along these lines, a new paragraph was approved on a series of victims’ rights that seek to “strengthen” various measures and that embraces the proposal “for a life free of violence”, among others, non-revictimization, protection of personal data, intersectoral approach and gender perspective, access and assistance, in addition to avoid any questioning about the victim’s previous conduct or private life.
Likewise, the judges must prevent questions that “humiliate, cause suffering, or injure the dignity of the victim.”
Another highlight was the increase in the penalty for “inducing” the suicide of the victim of sexual crimes resulting in death (Penal Code). That is, jail sentences that go from 3 years and 1 day to 5 years and from 5 years and 1 day to 10 years (minor prison in its maximum degree to major prison in its minimum degree).
On another line, support was given to matters related to preventive detention measures in rape, qualified sexual abuse, sexual abuse and human trafficking.
Once the Secretariat of the Commission issues the respective report, the project will be ready to be analyzed by the Sessions Room.