Slavery in Chile

Overview

 

Chilean law does not specifically prohibit trafficking in persons, and there were isolated reports that persons were trafficked to, from, and within the country for the purposes of sexual exploitation and involuntary domestic servitude. The law criminalizes promoting the entry into or exit from the country of persons for the purpose of facilitating prostitution, with penalties of up to three years in prison and a fine of $827 Sanctions are increased in a number of circumstances, including cases in which the victim is a minor, violence or intimidation is used, deception or abuse of authority is involved, the victim is related or under the tutelage of the perpetrator, or advantage is taken of a victim's circumstances or handicap. The law criminalizes the prostitution of children and corruption of minors, and the age of consent for sexual relations is 14. The law criminalizes obtaining sexual services from a minor in exchange for money or other considerations.

Most trafficking victims are minors trafficked internally for sexual exploitation. Within the country, victims reportedly were trafficked from rural areas to urban areas such as Santiago, Iquique, and Valparaiso. Law enforcement authorities stated that small numbers of victims were trafficked to the neighboring countries of Argentina, Peru, and Bolivia, as well as to the United States, Europe, and Asia. Victims reportedly enter the country from Peru, Paraguay, Colombia, and Bolivia, although it s difficult to distinguish trafficking victims from economic migrants.

Anecdotal reports suggested that young women were the primary targets for trafficking to other countries. Traffickers reportedly used newspaper advertisements for models and product promoters to lure girls, ages 11 to 17, into prostitution. Law enforcement agencies indicated that traffickers looking for children also targeted economically disadvantaged families, convincing the parents that they were giving the child the opportunity for a better life.

The Ministry of Labour performed regular worksite inspections, responded to specific complaints, and maintained offices in each region and throughout the Santiago Metropolitan Region to identify potentially abusive situations and inform workers of their legal rights. The Public Ministry trained hundreds of law enforcement agents to recognize and investigate potential trafficking and trained prosecutors to prosecute cases more effectively. SERNAM raised trafficking awareness and provided information on victim's rights and the prosecution

Brothels in small towns are often frequented by police officers, dissuading potential trafficking victims from reporting exploitation. In 2016,

law enforcement investigations and convictions indicated an increasing number of Ecuadorian men, women, and children are exploited in forced labor and sex trafficking in Chile.

 

Legislation

 

Article 367 bis. Anyone who promotes or facilitates the entry or exit of people in the country so that they engaged in prostitution in the country or abroad, shall be punished with imprisonment within the maximum degree and a fine of twenty monthly tax units.

 

Includes penalties mentioned in the previous paragraph in the following cases:

 

1 .- If the victim is a minor.

2 .- If there is violence or intimidation.

3 .- If the agent acts through deception or abuse of authority or trust.

4 .- If the offender is an ascendant, descendant, husband, brother, guardian, conservator or guardian of education of the victim.

5 .- If the agent uses the state of economic distress of the victim.

6 .- If there is irregularity in the conduct of the agent.

 

Article 370. He who is convicted for any offense referred to the two preceding paragraphs made in the person of a child which is a relative, will be deprived of parental rights if any or disabled to get it if not any, and also of all rights by operation of law confers it on the person and property of the victim, his ancestors and descendants. The court so declared in the sentence, order the emancipation of the child if applicable, and shall record it by subscripciĆ³n carried out for the child's birth registration. 9. Incest

 

Article 375. He wh, commits incest with an ascendant or descendant by blood or with a sibling by blood, shall be punished by imprisonment in at least half their degrees.

 

Law 20.507 prohibits all forms of human trafficking, prescribing penalties ranging from five years and one day to 15 years imprisonment, plus fines, for trafficking offenses. These

penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. Chilean officials continued to investigate and prosecute many internal

child sex trafficking cases under article 367 of the penal code, which penalizes promoting or facilitating child sex trafficking.

 

The government makes prosecution efforts, although imposed penalties for convicted traffickers were inadequate as none of the eight convicted traffickers served prison terms.