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The Constitutional Court declared two articles of law inapplicable that Penalties for accused of sex crimes lowered in Rapa Nui, in the so-called “Easter Law”.
The appeal of inapplicability due to unconstitutionality was presented in the case of a woman who accused a man of rape.
It is accused that in October 2019, the man approached the victim at night to transfer her to a vacant place and commit the crime. Hours later He was detained by the Carabineros, where he confessed the facts.
Currently, the accused requested that articles 13 and 14 of Law 16,441, known as the “Easter Law” be applied to him, ordering that to people of the Rapa Nui ethnic group, who commit certain crimes, including rape, may his sentence reduced by one degree and allows the fulfillment of 2/3 of his sentence in freedom.
The resolution, which was approved with 8 votes to 1, determined that these articles are inapplicable because they determine situations that affect the principles of equality before the law, and consider that they are discriminatory against women.
Regarding the decision of the TC, the undersecretary of Social Services, Sebastián Villarreal, affirmed that “the Rapa Nui People have raised this issue as a very heartfelt concern that needs to be resolved.”
For this reason, he assured that they will promote a indigenous consultation so that the people of the island can demonstrate to modify or repeal articles 13 and 14.
For her part, the Minister for Women, Mónica Zalaquett, stressed that “violence against women must have the same sanctions throughout the national territory. The decision of the Constitutional Court confirms that ”.
“Today it is not acceptable that there are different penalties for crimes as serious as rape or sexual abuse, that is why as the Government, together with the Ministry of Social Development, we are working to repeal 2 anachronistic articles that discriminate against women living in a certain territory” he added.
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