The need to rethink some aspects of criminal procedural law when dealing with the crime of rape in female victims over 18 years of age

Abstract

This paper reviews some of the aspects of the criminal process that are identified as problematic for women over 18 years of age who file a complaint for the crime of rape. Bearing in mind that the law is no stranger to gender inequality, it first analyzes the way in which the process deals with sexual crimes and, particularly, rape. Then, it illustrates how the system perform institutional violence by not considering the psychosocial aspects of the problem in its operation. Subsequently, in order to overcome some of the barriers to access to justice that affect victims, the paper suggests the revision of two points of the process: the position of the victims and the reconsideration of certain purposes of the criminal system on the basis of which it is configured. Finally, it outlines some concrete applications that could be made within Chilean law on the basis of this reflection.