Costa Rica: The rape laws in Costa Rica regarding minors and whether they are effectively implemented (2001 to October 2002)

Articles 156, 159, 160, 161 of Costa Rica's Penal Code (Law 4573 and its reforms) of 4 March 1970 make provision for minors who are victims of rape (Costa Rica 3 October 2002).

Specifically, article 156 (reformed by article 1 of the Law No. 7899 of 3 August 1999) stipulates, among other things, that whoever should have "carnal access" to a minor of either sex under 12 years of age shall be punished by a sentence of 10 to 16 years imprisonment (ibid.).

Article 157 (reformed by article 1 of the Law No. 7398 of 3 May 1994) punishes the aggressor when he or she is related to the victim or if the victim dies with a sentence of 12 to 18 years imprisonment (ibid.).

Article 159 (reformed by article 1 of the Law 7899 of 3 August 1999) stipulates, among other things, that whoever should have "carnal access" to a minor of either sex over the age of 12 years, but under the age of 15 years, even with his or her consent, shall be punished with two to six years imprisonment; the article also stipulates that if an ascendant relative, natural brother or sister, tutor or guardian should have "carnal access" to a minor of either sex over the age of 12 years, but under the age of 18 shall be punished with four to ten years imprisonment (ibid.).

Article 160 (reformed by article 1 of the Law 7899 of 3 August 1999) stipulates that whoever pays or promises to pay or otherwise renumerate a minor for performing sexual or erotic acts shall be punished with four to ten years imprisonment when the minor is under 12 years of age; the aggressor shall be punished with three to eight years when the minor is over 12 years of age, but under 15 years of age; and the aggressor shall be punished with two to six years when the minor is over 15 years of age, but under 18 years of age (ibid.).

In UNICEF's report entitled Good Practices in the Fight Against Sexual Exploitation of Children and Adolescents in Latin America and the Caribbean, María Jesús Conde Zabala explains that the Law against Sexual Exploitation of Minors (Law No. 7899 of 3 August 1999), which reformed the Costa Rican Penal Code:

...is a milestone in legal reform since it not only enlarges the scope of the crimes regarding commercial sexual exploitation of children and adolescents and child pornography, but also introduces a key conceptual change in removing sanctions to the child that was the object of the crime, and instead considers him/her a victim and introduces severe sanctions for authoring a crime (n.d., 4).

With the new Code of Criminal Procedures in 1998, the Ministry of Justice created the "Specialized Unit against Sexual Crimes and Intra-Family Violence" (ibid., 6). The Ministry also established a specific judicial police force that would be responsible for investigating domestic violence and sexual crimes (ibid.). The UNICEF report adds that there is a Care for Victims of Child and Adolescent Abuse Program that "provides specialized assistance to this population and supports them from the time they report the abuse to the Attorney's Office until the oral trial is finished" (ibid.).

Please consult the attached excerpt from the UNICEF report for additional information on legal reform related to minors in Costa Rica and services offered by the Costan Rican District Attorney's Office for Intra-Family Violence and Sexual Crimes.

The Law Against Domestic Violence (Ley Contra la Violencia Doméstica) of 1996 provides protection measures for minors who are victims of domestic violence (Costa Rica 1996). Article 3 stipulates that the authorities may apply a number of measures, including: (f) temporarily suspend guardianship rights to the alleged aggressor of his or her children who are minors (ibid.). Article 3 (h) stipulates that in cases of sexual assault against minors, the alleged aggressor may have his visitation rights suspended (ibid.). Article 3 (j) prohibits the alleged aggressor from disturbing or intimidating any member of the family, and article 3 (k) prohibits access to the alleged aggressor to the household, place of work or study of the victim(s) of domestic violence (ibid.).

Attempts to obtain information on the effectiveness of the rape laws relating to minors in Costa Rica from the National Board of the Child (Patronato Nacional de Infancia – PANI), the Attorney's Office for Sexual Crimes (Fiscalía de Delitos Sexuales) and the Ombudsman's Office (Defensoría de los Habitantes) were unsuccessful within the time constraints of this Response.

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 additional sources consulted in researching this Information Request.

References

Costa Rica. 1996. Ley Contra la Violencia Doméstica No. 7586. [Accessed 23 Oct. 2002]

_____. 3 October 2002. Código Penal de Costa Rica, Ley No. 4573 y sus Reformas, del 4 de Marzo de 1970. [Accessed 23 Oct. 2002]

UNICEF, Geneva. n.d. María Jesús Conde Zabala. Good Practices in the Fight Against Sexual Exploitation of Children and Adolescents in Latin America and the Caribbean. [Accessed 23 Oct. 2002]

Attachment

UNICEF, Geneva. n.d. María Jesús Conde Zabala. Good Practices in the Fight Against Sexual Exploitation of Children and Adolescents in Latin America and the Caribbean. [Accessed 23 Oct. 2002], pp. 4-7.

Additional Sources Consulted

Country Reports 2001. 2002

IRB Databases

LEXIS/NEXIS

World News Connection (WNC)

Internet sites including:

Casa Alianza

International Labour Organization

La Nación [San José]

UNDP

Search engine:

Google