Transitional Justice and Sexual Crimes in Latin America: Argentina, Brazil and Chile in Comparative Perspective

Abstract

This chapter makes a comparative analysis of transition justice responses to sexual crimes in Argentina, Brazil and Chile. In all three countries, the dictatorships incorporated the practice of sexual crimes as part of the repressive strategies for persecuting their political opponents. However, it took a long time for these violations to be recognized and properly addressed. Through an empirical and qualitative methodology, the present chapter investigates the reasons for the delay in addressing these crimes and the different strategies and measures adopted by the new democracies to respond to them. Considering the different stages of development in each country, particular attention is paid to the legal obstacles, on the one hand, and to the legal arguments and strategies developed to seek justice, on the other. We demonstrate that the use of law in transitional justice is not gender neutral and that specific approaches are required to make sexual violations visible and to enable them to be prosecuted and punished.