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The TC decided to accept an appeal for non-applicability due to unconstitutionality presented against the “Easter Law”, which could favor a man accused of rape on Easter Island.
According to La Tercera, the body established that two articles of said regulation, dating from 1966, are inapplicable in this case because they determine situations that affect the principles of equality before the law and are discriminatory against women.
Specifically, articles 13 and 14 of Law 16,441, allow to reduce the sentences to those responsible for sexual crimes, including rape, and to serve two thirds of the sentences for crimes in general outside prison.
The case
In October 2019 Daniel Paoa was charged with rape. At night, he approached the victim to take her to a vacant place and commit the crime. Hours later, he was arrested by the Carabineros, where he confessed the facts.
Currently, the defendant requests that articles 13 and 14 of Law 16.44, known as the “Easter Law,” be applied, which orders that people belonging to the Rapa Nui ethnic group, who commit certain crimes, including rape, can be reduced his sentence in one degree and allows the fulfillment of 2/3 of his sentence in freedom.
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