Argentina: Recourse available to a woman over the age of 18 living in Buenos Aires who was forced into prostitution and sexually abused by her father; whether the fact that she lives in a poor neighbourhood or marries the father of her young child would affect her ability to obtain protection (2000 - June 2001)

The Argentinean Penal Procedures Code ( Código Procesal Penal) stipulates that any individual who has sustained harm as a result of a criminal act may register a complaint, either verbally or in writing, before a judge, prosecutor (agente fiscal) or the police (Argentina n.d.).

Under the terms of Article 119 of the Penal Code (Código Penal), sexual abuse is a crime punishable by a prison term of between six months and four years when there is a relationship of dependence, authority or power between the perpetrator and victim (ibid. 1921). In cases when such abuse involves "carnal access by any means" (acceso carnal por cualquier vía), the perpetrator is liable to a prison term of between 6 and 15 years (ibid.).

Under the terms of Article 126 of the Penal Code, those who promote or facilitate the entry into prostitution of individuals over 18 years of age, using trickery, abuse of a relationship of dependence or power, violence, threats, or any other means of intimidation or coercion, are liable to a prison term of between four and ten years (ibid.).

Law No. 24.417 to Protect against Family Violence (Ley No. 24.417 de Protección contra la Violencia Familiar) allows an individual who has suffered "injuries or physical or psychic mistreatment" (lesiones o maltrato físico o psíquico) at the hands of any member of the "family group" (grupo familiar) to register a complaint before a judge competent in family affairs (Argentina 28 Dec. 1994). For information on the "precautionary measures" (medidas cautelares) a judge may impose in cases of such abuse, please see ARG34113.E of 12 April 2000.

Several Buenos Aires-based governmental and non-governmental organizations offer assistance to victims of violence, abuse and exploitation perpetrated by family members or others; examples follow.

The Argentinean Federal Police (Policía Federal Argentina, PFA) operates a Centre for the Care of Victims of Sexual Violence ( Centro de Atención a Víctimas de Violencia Sexual) (Policía Federal Argentina 2001a). The Centre, which is located at Pasaje Angel Peluffo 3981, provides victims with information, orientation and emotional support through an inter-disciplinary team of lawyers, psychologists, social workers and gynaecologists (ibid.; ibid. 2001b).

The City of Buenos Aires offers a variety of services to victims of family violence and abuse ( Ciudad Autónoma de Buenos Aires 2001). These include a 24-hour hotline which provides callers with legal advice, support and information (ibid.). In 1999, hotline staff reportedly fielded 25,630 calls (ibid.). The City also operates four women's centres which offer services such as counselling, health promotion and prevention workshops, and legal advice and representation in family violence cases (ibid.). Furthermore, the City has established a shelter offering temporary housing and other services to female victims of family violence and their children (ibid.). The shelter provided lodging to 147 individuals in 1999 (ibid.).

According to a February 1999 report by the United Nations Development Program (UNDP), the Sisters Adorers, Servants of the Blessed Sacrament and Charity (Religiosas Adoratrices Esclavas del Santísimo Sacramento y de la Caridad) deliver a "vast" (vasto) range of services to female prostitutes, from educational programs to "direct assistance" (asistencia directa). As well, the religious order operates a number of "preservation and rehabilitation homes" (hogares de preservación y rehabilitación) for prostitutes in Buenos Aires and elsewhere in the country (ibid.). In 1997, these homes provided shelter to 367 girls and young women aged between 12 and 20 years (ibid.).

A number of reports published between 2000 and 2001 refer to difficulties in prosecuting the perpetrators of sex-related offences. For example, in October 2000 the Rosario-based Institute for Gender, Law and Development (Instituto de Género, Derecho y Desarollo, IGDD) claimed that while an average of approximately 6,000 sex crime complaints were made to police each year between 1970 and 1996, these cases resulted in the proclamation of an average of only 622 "guilty verdicts" (sentencias condenatorias) per year over the same period of time. According to the IGDD, insufficient evidence is the most commonly cited reason for the relatively small number of guilty verdicts (ibid.).

In a 11 May 2001 report, the Buenos Aires newspaper Página/12 claimed that women continue to experience "much difficulty" (mucha dificultad) in gaining access to the justice system in cases of rape, and that few women appeal verdicts which find the alleged perpetrator innocent. Furthermore, the report cited the head of the National Women's Council (Consejo Nacional de la Mujer, CNM), a government agency based in Buenos Aires, as saying that while the justice system has evolved considerably in its treatment of women, in some cases cultural attitudes remain a significant obstacle to change, especially in matters touching upon morality and the family (ibid.).

According to the United Nations Children's Fund (UNICEF), despite the existence of laws in Argentina prohibiting sexual exploitation, particularly of minors, judicial interventions in this area are "almost non-existent" (casi inexistente) (Clarín 18 May 2000). Furthermore, UNICEF claimed that there is a lack of will on the part of governments to deal with this problem (ibid.).

No information on whether the fact that a woman forced into prostitution and sexually abused by her father lives in a poor neighbourhood or marries the father of her young child would affect her ability to obtain protection could be found among the sources consulted by the Research Directorate.

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

Argentina. 28 December 1994. Ley No. 24.417 de Protección contra la Violencia Familiar. [Accessed 25 June 2001]

_____. 1921. Código Penal. [Accessed 25 June 2001]

_____. n.d. Código Procesal Penal. [Accessed 25 June 2001]

Ciudad Autónoma de Buenos Aires. 2001. "Area de prevención de violencia familiar y asistencia a víctimas ." [Accessed 25 June 2001]

Clarín [Buenos Aires]. 18 May 2000. Sibila Camps. "Denuncian que la prostitución infantil es un sistema organizado." [Accessed 26 June 2001]

Instituto de Género, Derecho y Desarollo (IGDD). October 2000. "Derechos reproductivos de la mujer en Argentina: un reporta sombra." [Accessed 14 June 2001]

Página/12 [Buenos Aires]. 11 May 2001. Pedro Lipcovich. "Un recorrido por los perjuicios de la Justicia contra la mujer." [Accessed 17 May 2001]

Policía Federal Argentina (PFA). 2001a. "Información sobre violación y abuso sexual." [Accessed 25 June 2001]

_____. 2001b. "Violencia sexual." [Accessed 25 June 2001]

United Nations Development Program (UNDP). February 1999. "Informe nacional: Argentina." [Accessed 26 June 2001]

Additional Sources Consulted

Consejo Nacional de la Mujer (CNM)

IRB databases.

Movimiento Feminista: Tribunal de Violencia Contra la Mujer.

Oficina de Asistencia Integral a la Víctima, Buenos Aires.

Internet sites including:

Centro de Encuentro Cultura y Mujer (CECYM)

Clarín [Buenos Aires]. 1997-2001.

Instituto Social y Político de la Mujer (ISPM)

Mujeres del Sur.

La Nación [Buenos Aires]. 1997-2001.