Presidenta del Senado ingresa proyecto de ley que elimina excepción para rebajar condenas por delitos sexuales

Senate President Paulina Núñez introduced a bill this Wednesday to eliminate a legal exception allowing convicted sex offenders against minors to receive reduced prison sentences for exceptional behavior. The Chilean legislator from the Republican party submitted the proposal following widespread criticism of the Justice Ministry’s recent criteria for granting such benefits. Núñez stated that children and families suffer the lasting consequences of these crimes and argued that current law contains a flaw that undermines child protection. She emphasized that the prohibition against sentence reductions must be effective to ensure public trust in the legal system. The proposed legislation modifies Law Number 19.856. Currently, the statute prohibits sentence reductions for sexual offenses against minors unless the court applies Article 73 of the Criminal Code. This specific code allows for penalty reduction based on incomplete grounds for exemption. Núñez’s draft maintains the consideration of this circumstance during sentencing but blocks its use as a basis for later sentence cuts due to good conduct. The senator further aims to strengthen requirements for verifying and justifying any remaining sentence reductions. She called for cross-party agreement to close the loophole and center the protection of children and respect for victims. The changes would apply to crimes committed after the law’s publication. New evidentiary standards for justification would take effect sixty days after enactment without altering substantive rules applicable to prior acts. Núñez noted that each reduction must be backed by concrete evidence and verifiable calculations. She expressed hope that lawmakers would build consensus to fortify controls within the justice system. Núñez is not alone in pursuing legislative action on this issue. On the same day, the Republican party’s chamber of deputies bloc filed a constitutional amendment. That separate initiative seeks to prevent individuals convicted of sexual abuse or rape from accessing sentence reductions entirely. Senator Arturo Squella announced a parallel effort through his social media account. He stated that he has joined Senators Andres Longton, Ivan Flores, Karim Bianchi, and Pedro Araya to present a bill ensuring the effective application of exclusion clauses for sex offenders against minors. Criticism of the Justice Ministry’s stance prompted these legislative moves. The ministry had recently made public its interpretation regarding the grant of sentence reduction benefits. This disclosure drew broad political condemnation. In response, the National Defender of Childhood rejected fifty-six sentence reductions granted for sexual crimes. The defender described the practice as a step backward. The organization highlighted the need for stricter oversight in cases involving vulnerable victims. The legal framework currently creates ambiguity regarding which specific offenses qualify for exemptions under Article 73. Núñez’s bill clarifies that even when a judge reduces a sentence at trial using that article, the offender cannot subsequently earn further time off for exemplary behavior. The distinction separates the initial sentencing phase from the post-conviction review process. By targeting both the statutory exception and the procedural verification methods, the proposal addresses multiple points of contention raised by civil society groups and opposition politicians. Other legislators have signaled support for tightening penalties in sexual crime cases. The simultaneous introduction of a constitutional reform and a standard legislative bill indicates a multi-pronged approach by the ruling coalition. These efforts aim to address perceived gaps in the current penal code that allow for leniency in severe cases. The debate over the appropriate balance between rehabilitation incentives and victim safety continues to dominate parliamentary discussions. Sources indicate that the new requirements will not affect ongoing proceedings for past crimes. They will only govern future applications for sentence adjustments. The focus remains on preventing repeat offenses and ensuring that judicial discretion does not inadvertently benefit serious predators. Legal experts await the committee stage to see how the various proposals might merge or compete. The immediate goal is to remove the specific legal pathway that allowed certain offenders to shorten their incarceration periods.