In correspondence sent to the Research Directorate, the director of the Institute of Criminology at the Investigations Police of Chile stated that the legal regulations applicable to rape are outlined in the Penal Code for those offences occurring before 2 July 1999 and in Law No. 19.617, which modifies the Penal Code, Penal Procedural Code and other legal texts dealing with rape offences, for those offences occurring after 2 July 1999 (2 March 2000).

The director stated that it was difficult to evaluate whether the new rape law (Law No. 19.617) was efficient and effective given that it has been promulgated only very recently. He added that the new law was the result of disconformity in the application of some provisions of earlier rape laws (ibid.). However, the basic principles found in current rape legislation are satisfactory responses to the real needs of the population, such as the expansion in the types of rape to include passive and active subjects of both sexes (ampliación del tipo violación, haciéndolo extensivo a sujetos pasivos y activos de ambos sexos); and the modification of the predominant ambiguous verb "to lie" (yacer) with that of carnal, oral, anal or vaginal access (modificándose el verbo rector "yacer", muy ambiguo, por el de acceso carnal, oral, anal y vaginal) (ibid.).

Please consult the attached summary of the Law No. 19.617, which modified the Penal Code, the Penal Procedural Code and other legal texts in relation to rape offences (Ley Num. 19.617 Modifica El Codigo Penal, El Codigo de Procedimiento Penal y Otros Cuerpos Legales en Materias Relativas al Delito de Violación). The Law was published in Chile's Diario Oficial on 12 July 1999. The complete Law, as well as the sections dealing with rape in the Penal Code, are available in Spanish at the Research Directorate.

The International Planned Parenthood Federation reported in September 1999 that the "law providing for prosecution of abusers" of sexual violence has resulted in an increase of complaints being reported in Chile. The report does not provide additional information.

No additional information on rape legislation and its effectiveness could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References

Instituto de Criminología, Policía de Investigaciones de Chile, Santiago. 2 March 2000. Letter sent by the director.

International Planned Parenthood Federation. September 1999. "Sexual and Domestic violence documented globally." http://www.ippf.org/newsinfo/archive/ 9909/46.htm [Accessed on 21 Feb. 2000]

Attachment

Senate of Chile. 22 December 1998. 13th Ordinary Session. "Crime of Rape - Joint Committee. Translated by Multilingual Translation Directorate, Translation Services, Public Works and Government Services Canada.

Additional Sources Consulted

IRB Databases

Latinamerica Press [Lima]. 1998-2000.

Latin America Regional Report: Southern Cone Report [London]. 1998-2000.

LEXIS/NEXIS

World News Connection (WNC)

Internet sites including:

Amnesty International

Fempress [Santiago]. Search Engine. 1998-2000.

Human Rights Watch

La Nación [Buenos Aires]. Search Engine. 1998-2000.

Servicio Nacional de Mujeres (SERNAM)

United Nations (UN)

United Nations Development Programme (UNDP)

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