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Abortion

Raped, pregnant, and jailed

A young Salvadoran woman was the victim of rape and became pregnant without knowing it. She suffered a miscarriage, was charged with aggravated homicide and sentenced to 30 years in prison.

  • Country: El Salvador
  • Edition: 2018
  • Visits: 1392
  • Court: Chamber of the Second Section of the Cojutepeque Center, Cuscatlán
  • Date of the Decision: 05/07/2017
  • Votes: 129

A gang member raped an 18-year-old woman over the course of several months and the woman became pregnant as a result. She did not report the rape to authorities out of fear, nor did she know she had become pregnant. Months later, after suffering severe pain in her stomach and back, the teenager gave birth in the latrine of her house and fainted. Upon regaining consciousness, she went to the hospital, where health personnel reported her to the police and she was immediately arrested.

Although medical experts could not determine whether the fetus was stillborn or died at birth, the Court concluded without evidence that the woman did not want to have the child and, for this reason, killed the fetus at birth. The Court sentenced her to 30 years in prison for aggravated homicide.

This judicial decision demonstrates how one of the world’s most restrictive laws on abortion leads to criminalizing women and girls in El Salvador for obstetric emergencies, systematically violating their human rights with disproportionate, unjust sentences.

The text of this decision is not available, however; you can find several articles about the decision in the "links" section.

Judges who issued the decision

Nury Velásquez

COMMENTS

  • Diana

    Existen varios casos como este en El Salvador. 2 años después Imelda se encuentra ante una situación similar... Les comparto su historia: http://revistafactum.com/imelda-cortez-un-caso-de-versiones-y-aversiones/

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