Nunca Más Meets #Niunamenos— Accountability for Pinochet-Era Sexual Violence in Chile (original) (raw)
Chile has been held up as a transitional justice success story. Emerging from a repressive dictatorship to democracy, it has made meaningful progress in grappling with brutal human rights violations through truth commissions and, more recently, criminal trials. Yet, the Chilean human rights prosecutions have a glaring hole. Courts have convicted scores of state agents for enforced disappearance, execution, and torture (or their equivalents in Chilean law at the time), but have failed to meaningfully address sexual violence crimes, even though almost all women detained by the regime were victims of some form of sexual violence, and many were raped. Recent, however, the issue seems to be gaining more judicial attention. This Article explores the question why it has taken so long for Chilean courts to reach the issue of dictatorship-era sexual violence. The reasons include the “pacted” Chilean transition, deficiencies in Chilean criminal law and procedures on sexual violence, lack of r...