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The Misuse of a Law Created to Protect Women

In the first months of 2025, the Guatemalan Public Prosecutor's Office (MP) received more than 11,500 complaints of violence against women. These represent 61% of all cases related to crimes against women, children and adolescents so far this year.

Despite the legal improvements implemented in 2008 with the approval of the Law against Femicide and other Forms of Violence against Women, according to the Presidential Secretariat for Women (Seprem), between that year and 2024, 2,816 femicides have been documented in the country.

And the situation worsens if we consider the report published by the Convergence for Human Rights entitled Expensive, Inefficient and Corrupt: Evaluation of the Public Prosecutor's Office during the administration of Attorney General Consuelo Porras. This states that, between 2019 and 2024, the MP received 261,523 complaints of violence against women and only achieved 9,737 sentences. Of these, 21% were acquittals.  

Misuse of the Law

Since the approval of the Law, specialized courts and tribunals have been created in almost all of the country's departments. There is a Women's Prosecutor's Office, and a single Prosecutor's Office for the crime of Femicide and the Model of Comprehensive Care for Women Victims of Violence I'x Kem (Maimi) in the capital.

Unfortunately, the same Law that was born for the protection of women and that marked a milestone when it was approved, has not been able to contain violence. Moreover, it has been recurrently and maliciously used by female officials to hinder journalistic work, to obtain restraining orders and to avoid being criticized by the public function they represent.

The cases of former First Lady Sandra Torres, former Vice President Roxana Baldetti and former Foreign Minister Sandra Jovel, who took advantage of the law to attack journalists who were critical of their administration.

Here it is important to note that, although there is recurrent talk about the issue of false reports, in the case of Guatemala there are no statistics to support this issue. However, there are situations, both in the public and private spheres, where we have noticed abuses of the law to the detriment of those who are accused.

Therefore, if you are a victim of a false report, we suggest that you follow the recommendations below: 

  • Seek legal advice immediately. 
  • Do not confront the complainant. 
  • Follow the instructions of the court and your attorney. 
  • Exercise your right of defense without generating more conflict. 
  • Attend hearings with respect and without provocation.  

 

At Carrillo & Asociados we believe in a life free of violence for girls, boys, adolescents and women, and we also believe in due process and respect for the law. That is why we encourage and support the fair application of justice in all areas, without abuse or distortion.  

If you have any questions, please do not hesitate to contact us.  

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