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Original article: Suicidio femicida: La figura legal que visibiliza una forma extrema de violencia hacia las mujeres

Understanding Femicidal Suicide: A Legal Framework Addressing Extreme Violence Against Women

The case of Carabineros officer Ornella Uribe, which took place in May this year in La Serena, has ignited a discussion about a reality often obscured by statistics. It is currently being investigated under the concept of femicidal suicide, due to the young woman’s history of domestic violence and a complaint filed against her ex-partner. This situation has prompted her family and loved ones to demand that the facts be analyzed through a gender perspective, in accordance with Law 21.523, known as the Antonia Law.

This case highlights the urgent need to understand what femicidal suicide is and why its recognition marks a significant step forward in protecting women’s rights.

Carlos Esperguen Sepúlveda, a lawyer and academic from the Law School at the University of La Serena, noted that «the Antonia Law reflects the reality where some women who are victims of gender violence take their own lives after enduring systematic physical, sexual, or psychological abuse, which we seek to recognize and penalize.»

Esperguen, who holds a Master’s in Criminal and Procedural Law, explained that this legal framework is outlined in Article 390 sexies of the Penal Code, which states that those responsible for causing a woman’s suicide based on previous acts of gender violence will be held accountable. It is crucial to understand that the law penalizes those who create conditions leading the victim to take her own life.

Elaborating further, the academic detailed that «to establish this crime, there must be proof of a woman as a victim and prior acts of gender violence by the perpetrator, understood as any action or omission based on gender that causes damage or suffering—be it physical, psychological, sexual, or economic.»

According to the lawyer, «there must also be evidence of a causal relationship between the violence and the suicide, which is one of the most complex aspects from a legal standpoint. It is not enough to show that violence occurred and that a suicide followed; the prosecution must prove that this violence was a determining factor in the victim’s decision to take her life.»

Furthermore, the expert emphasized that investigations in such cases must allocate responsibility to a specific individual. The law does not require that the aggressor explicitly instigated the suicide; rather, a continuous pattern of gender violence leading to such an outcome may suffice to establish the offense.

Regarding penalties, it was specified that the law prescribes sentences ranging from three years and one day to ten years of imprisonment. Esperguen also warned that «it is essential to differentiate between femicidal suicide and instigation to suicide. Thus, the Antonia Law includes Article 393 bis of the Penal Code, which addresses cases where an individual influences another to commit suicide.»

«Conversely, femicidal suicide is established when there is a background of gender violence that ultimately plays a decisive role in the victim’s decision,» reiterated the specialist, who highlighted that the incorporation of this legal definition into Chilean law represents a significant advancement, allowing for the investigation and penalization of situations that have occurred in practice but lacked a specific legal framework.

Risk Signals

Beyond its legal ramifications, femicidal suicide raises critical questions from a mental health perspective, aiming to shed light on how sustained gender violence can impact an individual’s emotional well-being and the risk signals typically present in these cases.

In this regard, Néstor González, an academic from the Department of Psychology and coordinator of the Psychological Care and Comprehensive Health Center (Capsi) at the University of La Serena, remarked that «sustained psychological violence is a significant risk factor for mental health, as it affects self-esteem, autonomy, and the sense of control over one’s own life, potentially resulting in cumulative psychological weariness that may lead to anxiety, depression, complex post-traumatic stress, and deep feelings of hopelessness.»

According to the psychotherapist specializing in mood disorders, the victim feels there are no real alternatives to escape the abuse, «developing a sense of psychological entrapment, which, when prolonged, can lead to significant difficulties in facing adverse situations.»

«In this context, suicidal ideation may not necessarily arise from a desire to die but from the perception that there is no other escape from persistent suffering,» emphasized Professor González.

Addressing the questions that arise in these cases, the master’s in Social Psychology stressed that «staying in a violent relationship cannot solely be explained by rational decision-making or a lack of will to leave the abuser. Mechanisms that contribute to the maintenance of such bonds have been identified.»

According to the expert, «one of the primary mechanisms is the traumatic bond, which develops when episodes of violence alternate with moments of affection, regret, or promises of change, creating an intense emotional dependence, where the victim clings to the hope of reclaiming the nurturing aspect of the relationship.»

«Another relevant process is learned helplessness. When a person repeatedly faces abusive situations where their attempts to defend themselves or escape fail, they may come to believe that no action will be effective in changing their reality,» he added.

Finally, the psychologist pointed out that these factors are often compounded by «fear of retaliation, economic dependency, concern for children, isolation from support networks, and emotional consequences arising from the abuse itself.»

«Many victims remain not because they are unaware of the damage they are suffering but because the violence has progressively weakened their psychological and social resources to confront it,» concluded the researcher.

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