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Chile: Disqualifications for Individuals Convicted of Sex Crimes Against Minors

(Aug. 27, 2012) On June 13, 2012, Law 20594 was passed to amend the Criminal Code to include disqualifications for individuals convicted of sexual crimes against minors. (Ley 20594 Crea Inhabilidades para Condenados por Delitos Sexuales Contra Menores y Establece Registro de Dichas Inhabilidades [Law 20594 Creating Disqualifications for Individuals Convicted of Sexual Crimes Against Minors and Establishing a Registry of Such Disqualifications], DIARIO OFICIAL [DO] (June 19, 2012).)

In addition to amending the Criminal Code to create the disqualifications for those convicted of crimes against the sexual freedom and integrity of minors, the new Law also amends a 1925 Decree-Law to create a special section on “disqualifications to exercise any functions in educational environments or with minors” in the National Registry of Convictions. (Id.; Decree-Law 645 (Oct. 17, 1925), DO (Oct. 28, 1925).)

Under the new Law, those convicted of sexual crimes against minors will be disqualified for life from occupying positions or serving in professions that involve a close and permanent relationship with minors, if their victims were younger than 14 years old, and temporarily disqualified if their victims were between 14 and 18 years old. (Law 20594, art. 1.3.)

According to the Minister of the Interior and Public Safety, any parent looking to hire a teacher, tutor, or any other service provider for a position that requires close contact with children will be able to check the new section of the National Registry of Convictions on the Internet, to verify that the person they intend to hire is not disqualified based on a prior conviction for sexual crimes against minors. (Gobierno Promulgó Ley que Crea Inhabilidades para Condenados por Delitos Sexuales Contra Menores y Establece Registro de Dichas Inhabilidades, Ministerio del Interior y Seguridad Pública website (June 12, 2012).)