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Original article: Presidio perpetuo por femicidio de mujer migrante: fallo recalca obligación del Estado de proteger frente a la violencia de género

The Fourth Oral Criminal Court in Santiago has sentenced Rodolfo Antonio Alarcón Fuentes to life imprisonment for femicide, alongside a permanent disqualification from public office and the loss of political rights for life. The sentence also mandates supervision by authorities for the duration of the conviction.

The court, comprised of judges Cristián Soto Galdames, Andrea Acevedo Muñoz, and Pedro Suárez Nieto, imposed an additional four years of effective imprisonment for the completed crime of sexual abuse, along with its legal accessories.

Due to insufficient evidence, the defendant was acquitted of charges of non-conditional threats made by the prosecution.

Established Facts: Assault, Sexual Abuse, and Victim’s Death

The court established, beyond a reasonable doubt, what transpired during the early hours of January 14, 2023, at a residence in Estación Central.

According to the ruling: “(…) inside the dwelling located at Av. Víctor Jara N°3494, house N°6, in the Estación Central commune, the accused RODOLFO ANTONIO ALARCÓN FUENTES proceeded to assault his partner, the victim Patricia Elena Zapata Restrepo, grabbing her forcefully by the shoulders and throwing her to the floor (…) leaving her unconscious for a time.”

The ruling further specifies that, while a neighbor identified as G.C.C.V. was also present, the assailant hurled insults and threatened her with a knife, tearing her blouse and committing acts of sexual significance: “(…) which included touching the victim’s breasts, vagina, and buttocks while stating, ‘I will show you what it feels like to be with a real man.’”

Subsequently, the attacker renewed his assault on his partner, inflicting severe injuries, including traumatic brain injury, maxillofacial fractures, and subarachnoid hemorrhage. The victim was hospitalized and died on January 21, 2023, due to the traumatic brain injury.

Once the ruling is final, biological samples will be ordered for inclusion in the national DNA registry of convicted offenders.

Ruling with Gender Perspective and Application of the Belém do Pará Convention

In its ruling, the court underscored the obligation of states to prevent, punish, and eradicate violence against women, in accordance with the Belém do Pará Convention, ratified by Chile.

The text states: “In both crimes, it is essential to observe the provisions in articles 3°, 4°, and 7° of the Belém do Pará Convention (…) mandating the subscribing states to enact regulations and requiring courts in each country to take them into account in their rulings when relevant conditions are present.”

The ruling emphasizes that the convention recognizes for the first time the right of women to live free from violence and establishes protective mechanisms across physical, sexual, and psychological domains.

The court added that the case must be analyzed through a lens of intersectionality, recognizing that the victims are women in vulnerable situations with limited access to formal support and protection channels.

As stated in the ruling: “We are responding to an attack on the life and sexual freedom of two women, whom our state was obliged to protect (…) considering that (…) various additional elements of intersectionality exist, beyond gender, given that the victims are women, but also, foreign women, in an irregular migratory situation, which leads to economic instability without access to formal health support channels.”

La entrada Life Sentence Imposed for Femicidal Murder of Migrant Woman: Ruling Emphasizes State Responsibility to Combat Gender Violence se publicó primero en El Ciudadano.