Colombian Senate Passes Law to Protect Victims of Sexual Violence
Sexual violence, in the form of rape, forced prostitution, and abductions, plagues Colombia, and often that violence goes uninvestigated and unpunished — until now.
Earlier this month, Colombia's senate passed a monumental bill that will help aid and protect survivors of sexual violence — particularly those who were victimized by paramilitaries, Colombian forces, guerillas, or other forces involved in Colombia's decades-long armed conflicts. The bittersweet victory is one that can be celebrated by victims, but there have been losses while waiting for a law of this nature to be passed.
Ana Angelica Bello, a rural Colombian who was raped by a former paramilitary soldier as punishment for her activism, died of a self-inflicted gunshot wound in February 2013 under unclear circumstances. Angelica was a vocal and fearless advocate for the law, which Human Rights Watch openly supported in 2012 after documenting the obstacles experienced by displaced women who were also victims of sexual violence. HRW found that those women were unable to access health care or justice; they were humiliated and mistreated by authorities, and received death threats or suffered "retaliation rapes" when they filed criminal complaints. This law, which ensures access to justice, could have saved Bello's life.
"Angelica Bello fought tirelessly for this law. She was the backbone to the victims-led grassroots movement to end impunity for sexual violence in conflict. For that, she was constantly threatened. In early February 2013, she had emailed a dozen or so of us that she had just received new death threats," reported Human Rights Watch's Amanda Klasing. "Her colleague had been raped for the fifth time a few months earlier. The last time I saw her, she told me how challenging it was to live this way. Never fully believed or supported by the state, Angelica died lacking access to many of the services victims of sexual violence need to move forward with their lives."
Sexual slavery, serial rapes, and forced prostitution that occurred during wartime are specifically addressed under this law. It recognizes that sexual violence can occur under numerous circumstances that can prevent victims from providing consent, and it isn't defined by use of threats or force. The law, while not perfect, will guarantee women's confidentiality and privacy, making the woman less vulnerable to targeting for retaliation. Women will also receive psycho-social support and comprehensive medical attention. The law pressures authorities to work on these cases, and it explicitly protects victims from discrimination based on behavior, sexual history, and sexual orientation — dismantling the "she had it coming" argument. Notably, the law designates sexual violence as a crime against humanity.
In 2012, Raúl Muñoz, a Colombian junior army officer, was convicted in a civilian court for the rape and murder of a 14-year-old girl, Jenni Torres, "a rare victory" in contrast to the tradition of impunity for sexual crimes committed by security forces and paramilitaries in Colombia. Muñoz was sentenced to 60 years for the death of Torres and her two younger brothers, Jimi, 9, and 6-year-old Jefferson, and the rape of another girl in October 2010. The conviction of Muñoz was an "early" example that sexual violations were finally being addressed in the country.
That said, bringing Muñoz to justice was still a delayed and lengthy process that involved the army's refusal to search for the murdered children, local authorities' refusal to recover remains once the bodies were discovered, and countless threats against the Torres family, which forced them to leave northeastern Colombia's Arauca region, Tame. Victims will best benefit from the newly instituted law if authorities act swiftly, and hold violent men responsible for their horrific crimes.
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