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Chile

CHILD SEX ABUSE SOLs

 

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CURRENT CIVIL SOL

Current Criminal SOL

Crimes Custodial Sentence SOL *1
Child abduction in conjunction with rape *2

Lock up or detain a person causing his/her deprivation of liberty (Art. 141)

AND

Victim < 18yo (Art. 94 bis and art. 142)

AND

Perpetrator commits act of rape while victim is detained

 15 years up to life imprisonment (if the crime was executed to obtain a ransom, impose demands, wrest decisions or if it results in serious damage to the person of the minor.) No criminal SOL’s

 
Torture/ inhumane and degrading treatment committed by public servant which includes sex crime *3

Public official

AND

Committing acts of torture/inhuman or degrading treatment

AND

Committing certain sex crimes against children < 18yo

 Torture: 15 years up to life imprisonment Inhuman and degrading treatment: 10 to 15 years custodial sentence No criminal SOL’s
Rape *4

Anal, oral, vaginal penetration

AND

Victim is < 18yo

AND

– Use of Violence/ intimidation.
– Victim is unconscious or is otherwise unable to resist.
– Exploitation of victim’s mental disorder/ alienation

 5 years up to 15 years custodial sentence No criminal SOL’s
Aggravated rape against a child *5

Anal, oral, vaginal penetration

AND

Victim is < 14 yo

 15 years up to 20 years custodial sentence No criminal SOL’s
Staturory Rape *6
Anal, oral, vaginal penetration

 

 

AND

Victim is 14 yo to 18yo

AND

– Exploitation of victim’s mental disturbance
– Exploitation position of trust.
– Exploitation victim’s abandonment.
– Deception. Exploitation victim’s sexual ignorance/inexperience

 3 years up to 10 years custodial sentence. No criminal SOL’s
Aggravated child sexual abuse and victim is between 14 yo and 18 yo *7

Anal, oral, vaginal penetration

AND

Using objects or animals

AND

Victim is over 14 yo to 18yo

AND

– Use of Violence/intimidation.
– Victim is unconscious or is otherwise unable to resist.
– Exploitation of victim’s mental disorder/alienation

 5 to 15 years. No criminal SOL’s
Aggravated child sexual abuse and victim is under 14 *8

Anal, oral, vaginal penetration

AND

Using objects or animals

AND

Victim is < 14 yo

 

 15 years up to 20 years custodial sentence. No criminal SOL’s
Aggravated child sexual abuse and victim is under other circumstances *9

Anal, oral, vaginal penetration

AND

Using objects or animals

AND

Victim is 14 yo to 18yo

AND

– Exploitation of victim’s mental disturbance
– Exploitation position of trust.
– Exploitation victim’s abandonment.
– Deception. Exploitation victim’s sexual ignorance/inexperience

 3 years up to 10 years custodial sentence. No criminal SOL’s
Sexual abuse *10

Non penetrative sexual
contact

AND

Victim 14 yo to 18 yo

AND

(First scenario): Using surprise to overcome consent
(Second scenario): One or more of the following circumstances:
-Use of Violence/intimidation.
– Victim is unconscious or is otherwise unable to resist.

– Exploitation of victim’s mental disorder/ alienation
– Exploitation of victim’s mental disturbance
– Exploitation position of trust.
– Exploitation victim’s abandonment.
– Deception. Exploitation victim’s sexual ignorance/inexperience

 First scenario: 61 days to 3 years.
Second scenario: 3 years to 5 years		 No criminal SOL’s
Sexual abuse on child under 14 yo *11

Non penetrative sexual contact

AND

Victim < 14 yo

 3 to 10 years No criminal SOL’s
Child corruption *12

(First scenario) Sexual acts in front of a < 14yo child, or exposing that child to pornographic material or performances.

OR

(Second scenario) Inducing a < 14yo child to engage in sex acts in front of others or send sexually exploitative material of himself or another < 14yo child.

OR

(Third scenario) Any of the crimes described above, victim is 14 yo to 18 yo, and one of the following circumstances:
-Use of Violence/intimidation.
– Exploitation of victim’s mental disturbance
– Exploitation position of trust.
– Exploitation victim’s abandonment.
– Deception. Exploitation victim’s sexual ignorance/inexperience

 First scenario: 541 days to 5 years
custodial sentence (up to 10 years if the
offender misrepresents his age or identity in order to commit the crime)

 

 

Second scenario: 3 to 5 years custodial
sentence (up to 10 years if the offender
misrepresents his age or identity in order to
commit the crime)

Third scenario: 541 days to 5 years
custodial sentence (up to 10 years if the
offender misrepresents his age or identity in
order to commit the crime)

 No criminal SOL’s
Child sex exploitation material (CSEM) *13

Production of child sexual exploitation material. Victim is < 18 yo.

 3 to 5 years custodial sentence No criminal SOL’s
Commercial child sexual exploitation (CCSE) *14

Simple:Promoting or facilitating commercial child sexual exploitation

AND

Victim is < 18yo.
Aggravated: CCSE and Deception, abuse of trust/authority; Habituality

 Simple: 3 to 5 years.

Aggravated: 5 to 20 years.

 No criminal SOL’s
Use or storage of child pornography *15

To pay (by any means) for a product of child sexual exploitation

AND

Victim is > 14 but < 18yo.

AND

The legal requirements for rape are not met.

 3 to 5 years. No criminal SOL’s
Child trafficking *16

Promoting, facilitating, financing, capturing, transferring, sheltering, or receiving people

AND

Victim <18yo

AND

Intention to commit child sexual exploitation

 10 to 15 years custodial sentence No criminal SOL’s
Aggravated robbery in conjunction with rape 17
Robbery using violence/intimidation

 

 

AND

Rape

AND

Victim is < 18 yo

 15 years up to life imprisonment No criminal SOL’s

Summary: There is no SOL for any of the crimes listed above.

*1 Art 94 and 94 bis Cl. Pen. Code
*2 Art 141 in fine and 142 in fine Cl. Pen. Code
*3 Art 150 B and E Cl. Pen. Code

*4 Art 361 Cl. Pen. Code
5* Art 362 Cl. Pen. Code

*6 Art 363 Cl. Pen. Code
*7 Art 365 Bis, n°1, Cl. Pen. Code

*8 Art 365 Bis, n°2, Cl. Pen. Code
*9 Art 365 Bis, n°3, Cl. Pen. Code

*10 Art 366, Cl. Pen. Code

*11 Art 366bis Cl. Pen. Code
*12 Art 366 quater Cl. Pen. Code

*13 Art 366 quinquies Cl. Pen. Code
*14 367 Cl. Pen. Code

*15 367 ter Cl. Pen. Code
*16 Art 411 quater Cl. Pen. Code

Criminal SOL History

 

 

 

By 2007

 Law 20.207 established that child sex abuse criminal statute of limitations would be tolled until the victims reaches age of majority. Most crimes had a statute of limitations of 5 up to 15 years.

2019

 Law 21.160 completely abolished criminal abuse statute of limitations for all sex crimes against children. However, the reform only applies to offences committed after the law came into force. For offences committed before this date, complaints must be made within 5 or 15 years of a person’s 18th birthday (according to the crime committed).

*Concordat : N/A

Current Chilian criminal law:

Article 94, Chilean Criminal Code.

The criminal statute of limitations runs out:
Regarding the crimes to which the law imposes a life sentence of imprisonment, imprisonment or relegation, in fifteen years.
Regarding the other crimes, in ten years.
Regarding simple crimes, in five years.
Regarding the faults, in six months.
When the penalty indicated for the crime is compounded and one of them consists in a
deprivation of liberty sentence, the rules included in the first three sections of this article will
be applied; if custodial sentences are not imposed, the statute of limitations will be the one for
the highest non-custodial sentence.
The preceding rules are understood without prejudice to the short-term statue of limitations
established by this Code for specific crimes.

Article 94 bis, Chilean Criminal Code *18 .

There will be no criminal statute of limitations in regard to the crimes described and sanctioned in articles 141, final paragraph, and 142, final paragraph, both in relation to the crime of rape; articles 150 B and 150 E, both in relation to articles 361, 362 and 365 bis; articles 361, 362, 363, 365 bis, 366, 366 bis, 366 quater, 366 quinquies, 367, 367 ter; article 411 quater in relation to sexual exploitation; and article 433, No. 1, in relation to rape, when at the time of the perpetration of the act the victim was a minor.

The information provided is solely for informational purposes and is not legal advice.

Internet Source:

https://www.bcn.cl/leychile/navegar?idNorma=1984&amp;idVersion=2022-10-12&amp;idParte= 19
https://leyes-cl.com/codigo_penal.html
https://app.vlex.com

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