Gender and the criminal justice system: Comparing forcible rape law in Colombia and Chile

Sexual violence is a pervasive global phenomenon that perpetuates gender inequality and the subordination of women. Contributing to the literature on comparative criminal law and criminal procedure law, this chapter examines the problem of sexual violence and how the Colombian and Chilean legal systems have sought to confront it through criminal law. Through a comparison of forcible rape law and some judicial decisions of both countries, this chapter argues that Colombia and Chile's different regulatory models of forcible rape have generated similar practical results. Some judgments recreate stereotypes about women and rape, while others have incorporated a gender perspective that attends to the circumstances surrounding sexual violence and protects women's rights.