Legislative Reform and the Struggle to Eradicate Violence against Women in the Dominican Republic


LEGISLATIVE REFORM AND THE STRUGGLE
TO ERADICATE VIOLENCE AGAINST
WOMEN IN THE DOMINICAN REPUBLIC

MERCEDES PEREZ"

INTRODUCTION

In 1997, the National Congress of the Dominican Republic
approved Law 24-97 Against Domestic Violence in a bid to alter the state's
response to violence against women.' Law 24-97 introduced important
changes to the country's Criminal Code, criminalizing violent and
discriminatory conduct in an effort to guarantee women equal protection
and equal benefit of the law.2 The need for state action was urgent. A letter
submitted to the Senate in 1996 in support of the draft bill that would later
become Law 24-97 noted that murder was the sixth most common cause of
death among Dominican women between the ages of fifteen and forty-five,
that one in six Dominican homes experienced some type of violence, and
that eighty percent of women who sought health care did so as a result of
domestic violence.3

Prior to 1997, the Dominican Criminal Code was in dire need of
reform. Substantive provisions in the Code dated back to the introduction of
the C6digo de Instrucci6n Criminal y C6digo Penal (1826), modeled on the
Napoleonic Codes and introduced following the Haitian occupation of

* Associate, Swadron Associates. L.L.B., McGill University Faculty of Law;

M.A., University of Chicago; B.A., University of Toronto. This Article would not have been
written without the dedicated assistance of lawyers and staff at the Centro de Servicios
Legales de la Mujer, Inc. (CENSEL), a non-profit, non-governmental organization located in
Santo Domingo, Dominican Republic that has been working to combat violence against
women since 1987. In particular, I would like to thank Lucila Lara Nfifiez, Executive
Director of CENSEL, for her continued commitment and support. This Article also would
not have been written without the generous support of the Canadian Department of Foreign
Affairs and International Trade through the Youth International Internship Program 2001-
2002 and Canadian Lawyers for International Human Rights (CLAIRH).

' Ley 24-97 Sobre Violencia Intrafamiliar (4th ed. 2000) (Dom. Rep.) [hereinafter
Law 24-97].

2 C6digo Penal, annotated version (M. Minervino ed., 1987) [hereinafter Criminal

Code].

' Letter from the Comisi6n Honorifica de Mujeres Asesoras del Senado to the
Senate (Mar. 11, 1996) (on file in the archives of the Secretaria de Estado de la Mujer, Santo
Domingo, Dominican Republic) [hereinafter Letter to the Senate].



2005] Violence Against Women in the Dominican Republic 37

1821.4 Although the Code was modified after Dominican independence in
1844, for the most part it remained antiquated.' To eliminate remnants of an
authoritarian and patrimonial past, legislative reform, especially in the area
of criminal law and criminal procedure, was deemed crucial to democratic
reform.6 As one commentator has noted, criminal law reform signifies "la
muestra de la renovaci6n democrtica latinoamericana," or "proof of the
renewal of Latin American democracy." 7

From the perspective of violence against women, domestic and
international forces combined to catalyze the radical legislative
transformation that culminated in the approval of Law 24-97. Within the
Dominican Republic, an organized feminist movement emerged in the late
1970s to mid-1980s, agitating for change within universities, in the courts
and the legislature, and through the media.8 Civil society organizations
specializing in gender issues also appeared at the same time, pressing for
change, providing services to women that had not been publicly available,
and reaching outside the country for international support.9

4 Julio G. Campillo Perez, Los C6digos Dominicanos: Apuntes para su Historia, in
Trabajos Conmemorativos del Primer Centenario de la Adooci6n de los C6dios Franceses
como Leves Nacionales 181-82 (1985).

5 Roberto Obando Prestol & Helen Azouri, Comisionado de Apoyo a la Reforma y
Modemizaci6n de la Justicia, Gobierno de la Repilblica Dominicana, Hacia un Nuevo
Proceso Penal, at http://www.reforma-justicia.gov.do/hacia%20nuevo%20proceso%20penal
.htm (last visited Dec. 14, 2004):

[L]o cierto es que a grandes rasgos nuestro ordenamiento legal es manifiestamente arcaico y
obsoleto. En efecto, las principales codificaciones (C6digo Penal, de Procedimicnto Civil y
Criminal, y de Comercio) datan de los principios del siglo pasado y estaban destinados a
regir una sociedad eminentemente rural y de escaso desarrollo cientifico y econ6mico.

6 For more information on the transition to democracy and what has been termed
"neopatrimonialism," see Jonathan Hartlyn, The Struggle for Democratic Politics in the
Dominican Republic (1998).

7' Prestol & Azouri, supra note 5.

8 Interview with Gloria Henriquez, member of the Coordinadora de

Organizaciones No-Gubemamentales del Area de la Mujer, an umbrella organization
comprised of civil society organizations that work with women, in Santo Domingo, Dom.
Rep. (Dec. 10, 2001). Henriquez is the former Executive Director of CENSEL and has
worked as a public prosecutor.

9 Interviews with Lucila Lara Nifiez, Executive Director of CENSEL, in Santo
Domingo, Dom. Rep. (Dec. 2001, Jan. 2002). These non-governmental organizations, which
started to appear in the late 1970s and early 1980s, included five NGOs that provided legal
advice and legal representation to women: Centro de Servicios Legales para la Mujer, Inc.
(CENSEL) located in Santo Domingo; Ntcleo de Apoyo a la Mujer located in Santiago;
TUMUJER located in Santo Domingo; Centro Dominicano de Asesoria e Investigaciones
Legales (CEDAIL) located in Santo Domingo; and Centro de Protecci6n Legal y Servicios
Social del Sur (CEPLES) located in Bani, Peravia Province. Other civil society groups
dedicated to women did not provide legal services beyond advice and referrals but worked to
raise public awareness and to empower women: Mujeres Dominico-Haitianas (MUDHA)
(immigration, refugee issues); Asociaci6n Dominicana por el Bienestar de la Familia



38 Columbia Journal of Gender and Law [Vol. 14:1

Several highly publicized cases of violence against women engaged
the public conscience when it became shockingly clear that women fleeing
their assailants were routinely turned away by police and denied access to
judicial institutions for protection and redress, often with deadly results.'0

One case in particular sparked a public debate, questioning the established
view that violence against women, especially violence within the family,
was a "private affair."" Press reports told the story of a woman who had
repeatedly pleaded with police for protection from her abusive husband but
was ignored. Her husband subsequently locked the woman and her two
children into a bedroom and set fire to the family home, burning them
alive.'

2

There was also growing pressure from abroad. The Dominican
Republic ratified several international conventions requiring member states
to institute measures combating violence. against women. In 1982, the
Dominican Republic ratified the United Nations Convention on the
Elimination of All Forms of Discrimination Against Women
("CEDAW"), 3 and in 1996 it ratified the Inter-American Convention on the
Prevention, Punishment, and Eradication of Violence Against Women
("Convention of Bel~m do Pard") . 4 The Preamble to Law 24-97 mentions
both of these international human rights instruments.1 s

(PROFAMILIA) (gender, family planning, reproduction issues); CEMUJER (credit
programs, non-traditional jobs); Centro de Orientaci6n e Investigaci6n Integral (COIN)
(prostitution, sexually-transmitted deseases, AIDS and HIV); Centro de Planificaci6n y
Acci6n Ecumnico (CEPAE) (popular education); Confederaci6n de Mujeres Campesinas
(CONAMUCA) (rural issues); COSALUD (preventive medicine); Colectiva Mujer y Salud
(women's health issues); and Mujeres en Desarrollo Dominicana, Inc. (MUDE) (credit
programs for women living in rural areas), among other institutions. Most of these
organizations operated in the National District of Santo Domingo or in other urban centers.

10 Interview with Mercedes Miguelina Rodriguez, Director of the Legal

Department, CENSEL, in Santo Domingo, Dom. Rep. (Nov. 27, 2001). Rodriguez currently

works for the Secretaria de Estado de la Mujer (Departamento de Defensoria).

1 Id.
12

1d

13 Convention on the Elimination of All Forms of Discrimination Against Women
(Dec. 18, 1979), http://www.ohchr.org/englishIlaw/cedaw.htm [hereinafter CEDAW].

14 Inter-American Convention on the Prevention, Punishment and Eradication of

Violence Against Women (June 9, 1994), http://www.oas.org/cim/English/ Convention
%20Violence%20Against%20Women.htm [hereinafter Convention of Bel~m do Pari].

15 Law 24-97, Preamble:

Considerando: Que la Repiblica Dominicana es signataria de la <(Convenci6n para
eliminaci6n de todas las formas de Discriminaci6n contra la Mujer , asi como la
<Convenci6n Interamericana para prevenir, sancionar y erradicar la violencia contra la Mujer
o Convenci6n de Belem do Pari ambas debidamente ratificadas por el Congreso Nacional,
en consecuencia, se hace necesario que todos los instrumentos legales del pais, est~n acordes
con las disposiciones de las referidas Convenciones ....



2005] Violence Against Women in the Dominican Republic 39

With Law 24-97, the Dominican Republic succeeded in
criminalizing most forms of violence against women. This was the first, and
perhaps easiest, step in the state's battle to eradicate violence against
women. However, there remains an urgent need to promote the safety and
security of survivors of violence and to foster public confidence in the
administration of justice. 6 The Dominican Republic must move beyond the
simple codification of a normative regime toward ensuring that regime's
realization in practice.

For example, in Canada, the spousal homicide rate for women
decreased by more than half between 1974 and 2002, dropping from 16.5
victims per million married women in 1974 to 8.1 victims per million
married women in 2002.17 The decrease has been credited in part to
increased gender equality, more sophisticated police and court policies
addressing violence against women, effective implementation of spousal
abuse charging and prosecution policies, resort to treatment programs for
abusive spouses, and increased access to specialized services, such as
domestic violence courts and emergency shelters for abused women."

The Dominican Republic faces additional cultural challenges. The
State will need to foster a massive shift in the perception of women and
violence against women through public education campaigns. 19 The mere
codification of laws will not, on its own, change cultural values. There is
also an urgent need to train law enforcement professionals and judges, as
well as lawyers, about the changes introduced by Law 24-97, and a further
need to coordinate efforts across different public sectors, especially the
health care sector and the law enforcement sector.20 Finally, the state's
ability to respond to violence against women is linked to the broader need
for continued reform of judicial and political institutions and for reform
initiatives designed to uproot economic inequities.

16 Dep't of Justice Canada, Final Report of the Ad Hoc Federal-Provincial-

Territorial Working Group Reviewing Spousal Abuse Policies and Legislation 15-16 (Apr.
2003), at http://canada.iustice.gc.ca/eni/s/frn/reports/spousal e.pdf [hereinafter Spousal
Abuse Policies and Legislation]. "The Working Group identified three key objectives of the
criminal justice system's response to spousal abuse: criminalizing spousal abuse; promoting
the safety and security of the victim; and maintaining confidence in the administration of
justice." Id.

17 Canadian Centre for Justice Statistics, Family Violence in Canada: A Statistical
Profile 2004 36 (July 2004), http://www.statcan.ca/english/freepub/85-224-XIE/85-224-
XIE2004000.pdf [hereinafter Family Violence in Canadal.

"' Id.; see also Spousal Abuse Policies and Legislation, supra note 16, at 9.

'9 Interview with Nfiez, supra note 9.

20 id



Columbia Journal of Gender and Law

OBJECTIVES AND METHODOLOGY

The present study analyzes the impact of Law 24-97 on the
Dominican state's qualitative response to violence against women. Part I
critiques laws and procedures available to combat violence against women
before 1997. Part II explains the legislative changes implemented through
the enactment of Law 24-97 in 1997. Part III details the impact of Law 24-
97 and outlines recommendations for change.

This study was hampered by a lack of research and data
documenting incidents of violence against women. Until the 1980s,
systematic studies on women and gender were virtually non-existent in the
Dominican Republic. 2' One reason for this academic and statistical neglect
was the predominance of a patriarchal and sexist discourse in academia
which tended to dictate topics of inquiry. This problem was exacerbated by
the dearth of female academics and a prevailing assumption that gender
issues (if they existed at all) did not comprise a serious enough topic for
academic research.22

In the 1980s, non-governmental organizations began to fill the
statistical gap with exploratory studies.23 For example, in 1982, the Centro
de Investigaci6n para la Acci6n Femenina ("CIPAF") conducted one of the
first studies regarding the frequency with which cases of rape were reported
to police. 4 Comprehensive studies, however, do not exist.25 Even today, as
will be discussed in Part I below, reliable statistics and research are
difficult to find.

The deficiency in data is not surprising and is characteristic of other
countries as well. It was not until 1980 that the Canadian Advisory Council

21 Amparo Mango Echeverri, La Investigaci6n sobre el tema muier en Repiblica

Dominicana, in La lnvestigaci6n Sobre la Muier en America Latina: Estudios de G6nero v
Desafios de Sociedad 58-59 (Claudia Serrano ed., 1993).

22 Id. According to Echeverri, the scarcity of serious academic research into the

problem of violence against women can be attributed to several additional factors. First,
there had generally existed a very weak tradition of academic research in the Dominican
Republic. Second, the extended duration of the Trujillo dictatorship meant the comparatively
late appearance of social science faculties within national universities. Third, serious social
science research began to emerge at a time of great social and political instability. These
social and political processes helped shape the focus of that research, primarily a concern
with economic development and the transition to democracy, to the exclusion of other topics
of inquiry. Id.

23 Clara Biez, Estadisticas para la Planificaci6n Social con Perspectiva de Gnero:

Fortalecimiento de Ia Capacidad Nacional para la Eiecuci6n de la Plataforma de Beiiine 113-
14 (2000).

24 Centro de Servicios Legales para la Mujer (CENSEL), Incriminaci6n a la

Violencia contra la Muier 62 (1991) [hereinafter CENSEL].

25 Biez, supra note 23, at 114.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 41

on the Status of Women provided the first national estimates of the rate of
spousal abuse in Canada, revealing that one in ten Canadian women who
were married or in a common-law relationship were battered by their
partners. 6

Widespread underreporting of cases by women, their families, and
friends also obscures a violent reality. Studies conducted in several Latin
American countries reveal that only an estimated fifteen to twenty percent
of cases of family violence against adult women are reported to police. 7

The true dimensions of the problem of violence against women, especially
violence occurring within the family, tend to remain inaccessible for several
reasons. These include the belief that family violence is a "private matter"
comprised of isolated, deviant acts and the belief that acts of violence
within the family are part of the normal dynamic of family life. 8 Popular
attitudes are telling. There is a common Dominican expression that is often
used to explain away domestic violence: "Esos son pleitos entre marido y
mujer,"',2 or, "Those are disputes between husband and wife."

In addition, victims often blame themselves for provoking the
violence that they endure, an attitude that is reinforced by cultural and
societal perceptions. 30 Finally, many victims believe that there are no legal
or social services available to them, or that existing services are inadequate
and perhaps even detrimental to their interests.3'

The present study relies on an analysis of pre-1997 Criminal Code
provisions, changes introduced by Law 24-97, and information gathered by
non-governmental organizations and international organizations. This
analysis has been supplemented with personal interviews conducted with
past and present lawyers and staff at the Centro de Servicios Legales para la
Mujer, Inc. ("CENSEL"), a Dominican non-profit, non-governmental
organization that has been working on behalf of victims of violence since
1987. In addition, a survey was conducted with police officers and hospital
emergency room physicians, residents, and nurses in the cities of Santo
Domingo and Bani over the course of three months-November 2001 to
January 2002.32 The survey was designed to test the knowledge of these

26 Spousal Abuse Policies and Legislation, supra note 16, at 3 (quoting Linda

MacLeod, Wife Battering in Canada: The Vicious Circle 14-16 (1980)).
27 Elizabeth Shrader & Monserrat Sagot, Domestic Violence: Women's Way Out 6

(2000), http://www.paho.org/English/HDP/HDW/womenswayout.pdf.
28 Id.

29 The implication is that these are "normal" and "private" family problems in
which no one, especially the state, should interfere.

30 Shrader & Sagot, supra note 27, at 6.

31 id.

32 Thirteen police detachments were visited in the cities of Santo Domingo and

Bani and a total of twenty-seven police officers agreed to participate in the survey



Columbia Journal of Gender and Law

professionals with respect to the substantive criminal provisions introduced
by Law 24-97. The survey was also designed to reveal the extent to which
gender-related myths and stereotypes continue to impede a just application
of Law 24-97.

I. VIOLENCE AGAINST WOMEN:

LAW AND PRACTICE PRIOR TO 1997

A. Lack of Constitutionally Guaranteed Equality Rights

The ideal of equal application of the law, regardless of personal
characteristics such as gender, was not expressly included in the 1994
Constituci6n Politica de la Repiblica Dominicana,33 despite the requirement
in CEDAW that all signatory countries must include "the principle of the
equality of men and women in their national constitutions or other
appropriate legislation if not yet incorporated therein and to ensure, through
law and other appropriate means, the practical realization of this
principle. 34 Equality rights, specifically related to gender, are also absent
from the 2002 Constituci6n."

Article 8(15)(d) of the 2002 Constituci6n, like the 1994 version,
protects the civil capacity and property rights of married women but does
not provide a more general, comprehensive guarantee of legal equality
based on gender or any other enumerated ground.36 Article 8(5) of the 2002
Constituci6n, like the 1994 version, states that everyone will receive equal

[hereinafter Police Interviews]. In Santo Domingo, I visited the following police
detachments: Dest. Luper6n, Dest. Gualey, Dest. de Gazcue (Av. Bolivar), Dest. Palo de la
Garza (Gualey), Dest. Zona Colonial, Dest. Honduras, Dest. #2 (Zonal Norte - Maria
Auxiliar), Dest. de Guachupita, Dest. Sdnchez Luper6n (El Capotillo), and Dest. La Caleta.
In Bani, I visited Dest. Palacio de Justicia (La Preventiva), Dest. Cuartel General Central (La
Fortaleza), and Dest. El Fundo. I visited six hospitals in the cities of Santo Domingo and
Bani and interviewed six physicians, nine nurses, and six medical residents. In Santo
Domingo, emergency room professionals were surveyed in the following hospitals: Hospital
de la Matemidad Nuestra Sefiora de ]a Altagracia, Hospital Dr. Francisco Moscoso Puello
(El Capotillo), Hospital de la Mujer Dominicana, Hospital Padre Billini, and Hospital
Docente Universario Dr. Dario Contreras. In Bani, I visited the Hospital Nuestra Sefiora de
Regla.

33 See Constituci6n Politica de la Repiiblica Dominicana (1994),
http://www.georgetown.edu/pdba/Constitutions/DomRep/domrep94.htrnl.

34 CEDAW, supra note 13, at art. 2(a).

35 See Constituci6n Politica de la Reptlblica Dominicana (2002),
http://www.georgetown.edu/pdba/Constitutions/DomRep/domrep02.htm.

3 See id. art. 8(15)(d), which provides, "La mujer casada disfrutari de plena
capacidad civil. La ley establecer, los medios necesarios para proteger los derechos
patrimoniales de la mujer casada, bajo cualquier regimen."

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 43

treatment under the laws of the country.37 However, this Article does not
enumerate grounds for discrimination. The scope and purpose of the
provision are also narrowed by the second phrase, which limits the ability
of the government to legislate only what is considered just and useful for
the community and to prohibit no more than what is harmful for the
community.

Article 100 of the 2002 Constituci6n, like the 1994 version, appears
at first glance to provide a constitutional basis for the principle of legal
equality. This provision condemns all privileges that undermine the
principle of equality among Dominicans and notes that the only differences
to be acknowledged are those resulting from the "talents and virtues" of the
individual. 38 However, this provision is followed by a clause that limits its
application to preventing class-based legal distinctions-"therefore, titles of
nobility or heredity distinctions cannot be awarded., 39 As a result, the
provision simply prohibits hierarchical class distinctions awarded or
recognized as inheritable by any branch of the government.

In the absence of a constitutional guarantee of legal equality, it is
not surprising that prior to the 1997 Criminal Code amendments there was a
complete lack of substantive criminal law provisions and procedures
designed to combat violence against women. Existing laws reflected and
legitimized a social-cultural power imbalance that left women without legal
protection or equal benefit of the law. Women could not appeal to the
supremacy of the Constitution to challenge the discriminatory nature of the
criminal laws that affected them or to demand legal protection from the
state.

B. Statistics

In 1982, a study conducted by CIPAF found that, according to data
collected by the Statistics Office of the National Police, there were 477
reports of rape and 338 reports of attempted rape between 1975 and 1980.40

The authors of the study noted that these figures were conservative given
the source and that there had been no systematic attempt to break down the

37 Id. art. 8(5), which provides, "La ley es igual para todos: no puede ordenar mis
de lo que es justo y til para la comunidad ni puede prohibir ms que lo que le perjudica."

3s Id. art. 100, which provides:

La Repfblica condena todo privilegio y toda situaci6n que tienda a quebrantar la igualdad de
todos los dominicanos, entre los cuales no deben contar otras diferencias que las que resulten
de los talentos o de las virtudes y en consecuencia, ninguna entidad de la Repfiblica podrd
conceder titulos de nobleza ni distinciones hereditarias (emphasis added).

3 9
/d.

40 CENSEL, supra note 24, at 62.



Columbia Journal of Gender and Law

numbers according to the sex and age of the victims. 4' A comprehensive
analysis of press reports found that only nineteen percent of rapes and
thirteen percent of attempted rapes were reported by the radio and written
press and that almost all of the cases that were reported were ones in which
the victim was a minor or had been murdered.42

Statistics provided by the Department of Statistics and Cartography
of the National Police reveal that during the years between 1983 and 1988
there were 1083 reports of rape and 669 reports of attempted rape;
approximately two-thirds of the victims were minors and approximately
one-third were adult women. 3 It remains unclear whether the increase in
the number of reports from 1975-1980 to 1983-1988 indicates an increase
in the actual number of rapes and attempted rapes, a growing willingness on
the part of victims to report crimes to police, better record-keeping
practices, or a combination of all three factors. An analysis of all reports of
violence against women entered at the Office of the Public Prosecutor,
Santo Domingo, reveals that between January 12, 1988 and October 27,
1988, eighty percent were cases of sexual assault. 44 Another study
conducted by CENSEL in 1986 and 1987 found that of all cases of violence
against women pending in the courts of Santo Domingo, in ninety-two
percent the assailant was someone known to the victim (e.g., relative,
spouse, ex-spouse, employee, employer). 5 An analysis of those cases
revealed that 28.18 percent of incidents of violence against women occurred
in the home, 6.82 percent in private places, 13.84 percent in public places
and, unfortunately, in 51.17 percent of the cases, the location was not
indicated in the records. 46 According to statistics gathered by the Secretary
of State for the Interior and Police, there were 7,394 charges registered for
rape between 1991 and 1995. 4v These numbers were not broken down
according to the sex or age of the victims.

48

The true frequency of rapes, attempted rapes, and other forms of
sexual and physical assaults remained unknown given the fact that many
victims refused to report these crimes to the police.49 Victimization surveys
are generally acknowledged to be more accurate than police-reported

41 id.

42 Id.

43 Centro de Apoyo Aquelarre (CEAPA), La Violencia Contra las Muieres en la
ReRiblica Dominicana 17 (1996) [hereinafter CEAPA].

44 CENSEL, supra note 24, at 104.

4 Id. at 86-87.

46 Id.

47 BAez, supra note 23, at 128.

48 Id.
4 9
1d. at 114.

(Vol. 14:1



2005] Violence Against Women in the Dominican Republic 45

incident-based surveys50 The Instituto de Investigaci6n y Asesorias en
Salud conducted a study in 1992 in the barrio of San Carlos, Santo
Domingo with women between the ages of fifteen and fifty-nine 5 Of those
surveyed, ninety-five percent admitted that they had experienced some form
of violence at home, approximately fifty-two percent had suffered physical
assaults, approximately forty-three percent had been forced to engage in
sexual activities against their will, and less than three percent had reported
incidents of violence to the police. 2

In 1995, the courts of Santo Domingo (Palacio de Justicia)
registered the following criminal cases (not broken down by gender): eleven
cases of death threats, sixty-seven cases of crimes against the honesty of the
person, thirteen attempted crimes (unspecified), two homicides, and six
cases of physical assaults. 53 At the time, the courts did not have an accurate
registry system,5 4 a problem that persists today.55 Nevertheless, a marked
discrepancy existed between cases registered in the courts and cases
reported to police. In that same year, the National Police had registered
10,810 reports of death threats, 1,097 reports of rapes of minors, 673 reports
of attempted rapes of minors, and 1,007 homicides. 6

C. Crimes of Sexual Violence: Rape, Sexual Assault, and Child Abuse

1. Under-reporting by Victims

Prior to 1997, the frequency with which rapes and sexual assaults
were reported to the police and carried through to trial appears to have been
very low. A 1986 newspaper article estimated that, in the Dominican
Republic, one in three adult women was forced to engage in sexual acts
against her will, and that one in four girls was sexually assaulted before
reaching the age of sixteen.17 A study conducted by CENSEL found that
there were 216 police reports of crimes of sexual violence in the city of

s0 Spousal Abuse Policies and Legislation supra note 16, at 3 ("Victimization

surveys are considered more complete since they interview samples of the population
directly about their experiences and do not depend on victims' willingness to report crimes
to police .... ").

51 CEAPA, supra note 43, at 21.

52 rd.

53 d. at 20.
54 id.

55 Bdez, supra note 23, at 114.
56 [d.

57 CENSEL, supra note 24, at 62.



46 Columbia Journal of Gender and Law [Vol. 14:1

Santo Domingo in 1988, 254 in 1989, and 316 in 1990. 58 Given a
population of approximately 8.8 million,5 9 a huge discrepancy is evident
between the estimate of the actual number of sexual assaults and the
number that were reported to the police. In contrast, in 2002, the Santo
Domingo District Attorney's office received 2,000 complaints of sexual
assault,60 perhaps reflecting a growing trend to report this crime.

It is not surprising that many women chose not to report incidents
of sexual violence to the police. In the Dominican Republic, a strong
negative stigma is attached to a woman or girl who has been raped.6 ' The
victim, not the assailant, is stigmatized. What is important is whether or not
a woman or girl has an intact hymen and the way in which that hymen has
been broken. 2 In addition, women or girls who are raped are often regarded
with distrust and suspicion. Family and neighbors invariably wonder
whether she in fact provoked the attack or gave consent. 63 As a result,
women tend not to report the incident to police, and families go to great
lengths to cover up the assault.

Reporting rape is traumatic because of the accompanying social
stigma and because the victim is re-victimized by the reporting process.
According to a lawyer who accompanied an older woman to a police station
to report a rape, women had to face police and prosecutors who were
indifferent or assumed that they were lying. 64 Upon seeing the woman, the
police laughed, refused to accept the report, and stated, "Eso fue un favorh " ,,6 5
que le hizo ese hombre, or, "That a man did her a favor."

Women were interrogated about their sexual history and asked what
they had been wearing at the material time, whether they had consumed
alcohol, whether they had taken off their own clothes, and why they had
been in a certain place at a certain time.66 Questioning was especially severe
if the woman had no bruises on her body, was not a virgin, was married,

58 Id. at 105.

59 U.S. Dep't of State, Dominican Republic, in Country Reports on Human Rights
Practices-2003 (Feb. 25, 2004), http://www.state.gov/g/drl/rls/hrrpt/2003/27895.htm
[hereinafter Dominican Republic 2003].

6 Id.

61 Id.

62 Interview with Noris Mercedes Mena, former CENSEL lawyer now in private
practice, in Santo Domingo, Dom. Rep. (Nov. 26, 2001).

63 Interview with Gladys Jacqueline Pifieyro, former CENSEL lawyer who worked

in the area of gender-based violence for ten years, in Santo Domingo, Dom. Rep. (Nov. 20,
2001); see also id.

64 Interview with Mena, supra note 62.
65 id.

66 Interview with Henriquez, supra note 8; see also id-



2005] Violence Against Women in the Dominican Republic 47

was over the age of eighteen, or was known to have had several sexual
partners.67 This line of questioning insinuated that she provoked the attack
and legitimized the idea that a woman could be held responsible for the act
of violence to which she has been subjected. A woman also had to endure
the invasive vaginal examinations of the mdico legista.

In the end, the police might decide not to charge the attacker, or
they might decide to take the information and charge the aggressor without
issuing an arrest warrant- There were no protective orders available, leaving
a woman vulnerable to reprisals from an angry assailant who faced a charge
but was not subject to a custodial order or conditions of release. 68

Prosecutors might eventually stay the charge, or a judge would grant the
assailant bail. In other words, women were well aware that legal protection
was not readily available despite the ordeal they were expected to
withstand. Public prosecutors and judges would conduct questioning along
the same lines. It should be noted that children were never questioned in
private but rather had to re-live the experience in open court.69

2. The Crimes of Rape and Sexual Assault

The rape provision prior to the 1997 amendments was codified in
Article 332 of the Criminal Code, under Title II, Section 4, entitled "Crimes
against the honesty of a person., 70 This heading revealed the underlying
sexist rationale to legislative and cultural understandings of sexual violence.
For years civil society groups had demanded that the heading be changed to
"Crimes against the physical and psychological integrity of persons., 71 The
title "Crimes against the honesty of a person" provided too narrow of a
legal construction to the reality of sexual violence. "Honesty" had always
been equated, juridically and culturally, with virginity, and more
specifically, with female virginity. The legal effect of this construction was
that rape and other forms of sexual violence could only be committed
against "honest" (in other words, "virgin") women and children. The
implication was that non-virgin women, especially married women, had no
right to withhold their consent to sexual relations.

The first paragraph of Article 332 provided a definition of sexual
assault that focused exclusively on the more narrow offense of rape and
excluded other types of sexual assaults that did not result in penetration but
that were nevertheless inflicted without the victim's consent. 2 Article 332

67 Interview with Mena, supra note 62.

68 Id.

69 Interview with Pifieyro, supra note 63.

70 Criminal Code, Tit. II, Section 4.

71 See, e.g., Letter to the Senate, supra note 3.

72 Criminal Code, art. 332:



Columbia Journal of Gender and Law

also established a sentencing scheme upon conviction that corresponded to
the age of the victim.7 The rape had to be "normal" and "illicit" and had to
be committed against a female person. It is evident that this legal definition
of rape and the discriminatory nature of the sentencing scheme are narrow.

The definition of rape was not gender-neutral. Article 332 only
contemplated the rape of a woman or female child by a man. It therefore
excluded the possibility of rape of males or rape occurring between
members of the same sex. In addition, the word "normal" was understood to
refer to vaginal penetration to the exclusion of non-consensual anal
intercourse and cases in which the aggressor had used objects to assault his
victim.7 4 As a result, the only act criminalized by the first paragraph of
Article 332 was vaginal penetration without the consent of the female
victim. One of the lawyers interviewed for this study worked on a case
where an eleven year-old girl's hymen had been broken by the man's
finger. The crime was classified by the public prosecutor under the lesser
charge of "insults against modesty" and "offenses against modesty" in
Articles 330 and 33 175 because the penetration had not been "normal"
(vaginal penetration by a penis) as required by Article 332.76

The word "illicit" rendered the use of physical force an element of
the offence of rape; in other words, a woman had to prove that she had
attempted to physically resist her assailant.77 A woman would find it
difficult to prove that she had resisted unless her body provided direct
evidence of physical assault in the form of bruises or broken limbs.73 Article
332, as applied in practice, required physical evidence of non-consensual
sexual activities. A study conducted by CENSEL during 1986 and 1987
found that the vast majority of all rape cases pending before the courts also
included allegations of physical assault.79

El estupro o ayuntamiento carnal normal e ilicito de un individuo con una persona de sexo
femenino y sin la participaci6n de la voluntad de esta, serd castigado con la pena de 6 a 10
afilos de trabajos p6blicos, si la victima es menor de once afios; con 3 a 5 afios de la misma
pena, si la victima tiene 11 6 mds afios de edad, pero menos de 18; y con la pena de 3 a 6
afios de detenci6n, si ]a victima es de 18 6 mds afios de edad.

It should be noted that in 1984 Ley 224 abolished the criminal penalty of "trabajos
piblicos" (public works) and replaced it with "reclusi6n" (imprisonment).

73 id.

74 Interview with Mena, supra note 62.

75 See infra notes 103-113 and accompanying text.

76 Interview with Pifieyro, supra note 63.
77 Interview with Mena, supra note 62.

79 Id.; see also Interview with Pifieyro, supra note 63.

79 CENSEL, supra note 24, at 101.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 49

Another problem was that, in practice, Article 332 was not applied
to married women or women living in common-law relationships.8"
Marriage or the agreement to live with a partner provided the consensual
basis for sexual relationships, without further inquiry into whether a woman
had actually consented or not. Married women, or women living with men,
could not withhold consent to sexual activities.

A man who was found guilty of rape would be sentenced according
to the age of his victim--the younger the victim, the harsher the sentence.81

Although the age of the victim is often considered an aggravating factor for
sentencing purposes in other countries, 82 it is usually only one of several
factors guiding sentencing principles. Sentencing should be proportionate to
the gravity of the offense, irrespective of age, and to the degree of moral
culpability of the offender.83 In practice, the effect of the sentencing scheme
in Article 332 was to exclude women over the age of eighteen from its
ambit, especially if they were married or no longer virgins, without regard
to the physical or psychological trauma suffered by the woman.84 Article
332 also ignored the fact that when an offender sexually assaults his spouse,
the conduct constitutes a breach of a position of trust and should be
considered an aggravating factor.85

If the woman or girl in question was not a virgin, regardless of her
age, it was virtually impossible to secure a rape conviction. Whether a child
had the legal capacity to provide consent to sexual activities was not an
issue.86 The accused might be found guilty of a lesser charge, such as
"seduction and extraction of minors" under Articles 355 and 35687 or
"insults to modesty." 88 These offenses were correctional in nature rather
than criminal, so sentences ranged between three months and two years'
imprisonment and could also include a fine; bail was mandatory.89 In

so Interview with Piiieyro, supra note 63.

8 Criminal Code, art. 332.
82 See, e.g., Criminal Code (Can.), R.S.C. 1985, c. C-46, section 718.2.
83 Id. sections 718.1, 718.2.

" Interview with Mena, supra note 62; see also Interview with Pifieyro, supra note
63.

85 Criminal Code (Can.), section 718.2(ii).
86 Interview with Henriquez, supra note 8. In Canada, the consent of a complainant

under the age of 14 is not a defense to sexual assault offences. See Criminal Code (Can.),
section 150.1.

87 See infra notes 114-125 and accompanying text.

88 See infra notes 103-113 and accompanying text; see also Interview with

Henriquez, supra note 8.
89 Interview with Henriquez, supra note 8; see also CENSEL, supra note 24, at



Columbia Journal of Gender and Law

practice, accused persons who were awarded bail rarely faced an actual
trial. This continues to be true today. According to a United States
Department of State report, "the granting of bail serves as the de facto
criminal justice system" in the Dominican Republic.9"

In the absence of a more general sexual assault provision, cases of
attempted rape were almost impossible to prosecute even though Article 2
of the Criminal Code provided judicial discretion in determining whether to
treat the attempt as if the actual crime had been committed. 9' In practice,
cases of attempted rape were routinely thrown out by judges or reduced to a
lesser charge.92 For example, CENSEL represented a young girl in 1987
who had been the victim of sexual assault. The man had not succeeded in
actually raping her (there was no vaginal penetration) because the young
girl's screams had alerted neighbors. At trial, the judge concluded that there
had been no violation of Article 332 because there had been no penetration.
The man was released.93

3. The Role of the Mdico Legista in Crimes of Sexual Violence

In the Dominican Republic, the modico legista (medical examiner)
is a physician who aids the judicial process by certifying the existence and
extent of physical injuries suffered by a victim of violence. In practice,
however, the m~dico legista was, and still is, granted too much power in
determining both the culpability of an accused and the truthfulness of a
victim's allegations. These physicians are permitted to make de facto
findings of guilt, findings that are usually made in a court of law where all
elements of an offense must be proved beyond a reasonable doubt by the
state and all evidence must be weighed before a final determination can be

94made in the case.
In practice, criminal procedure before 1997 required that the

declaration of a woman or a minor alleging rape had to be certified (or, in

90 Dominican Republic 2003, supra note 59.

91 Criminal Code, art. 2:

Toda tentativa de crimen podri ser considerada como el mismo crimen, cuando se manifieste
con un principio de ejecuci6n, o cuando el culpable, a pesar de haber hecho cuanto estaba de
su parte para consumarlo, no logra su prop6sito por causas independientes de su voluntad,
quedando estas circunstancias sujetas a la apreciaci6n de los jueces (emphasis added).

92 Interview with Pifieyro, supra note 63.

93 id.

94 Interview with Piiieyro, supra note 63; see also Susi Pola, Certificaci6n Mddico
Legal en la Violencia, A Primera Plana, at http://www.aprimeraplana.org/www/No.2/
susi.html (last visited Nov. 8, 2004).

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 51

other words, corroborated) by a m~dico legista.9' A m~dico legista
certification that there were no signs of physical violence on the woman's
body and that the woman's hymen had been broken on an earlier occasion
was sufficient to bar a rape conviction.96 In these circumstances, the public
prosecutor might consider a charge under one of the lesser sexual assault
provisions, such as Articles 330 or 331.97

This approach was clearly problematic. A "recent rupture of the
hymen" was not even an element of the criminal offense created by the first
paragraph of Article 332. The actus reus98 of the offense was simply an act
of vaginal penetration while the mens rea99 required only that the man
intended to rape knowing that he did not have the consent of the victim.
Even if the m~dico legista validated that the victim's hymen had been
recently broken but also indicated that there were no signs of physical
violence on the woman's body, officials would often assume that the victim
had consented.'0

When conducting the examination, the m~dico legista concentrated
almost exclusively on the condition of the hymen, ignoring other signs of
sexual assault, such as the woman's emotional and psychological state and
other signs of physical violence on the woman's body-such as bruises and
bite marks-that might, in the absence of virginity, indicate rape.' °' This
approach reinforced the dominant patriarchal belief that only a virgin could
be raped and that married women or women living in common-law
relationships could not withhold consent to sexual activities. Furthermore,
the role played by the m~dico legista in cases of rape and sexual assault
made it extremely difficult for women to convince officials that they had
experienced sexual violence unless they reported the assault immediately;
waiting weeks or months meant that the "evidence" required would have
disappeared. It should also be noted that the process of medical certification

95 E-mail from Lucila Lara Ndfiez, Executive Director of CENSEL, to Mercedes
Perez, associate, Swadron Associates (Oct. 12, 2004) (on file with author). This requirement
was not codified in law but was, and continues to be, the generally accepted practice.

96 Interview with Pifieyro, supra note 63.
97 See infra notes 103-113 and accompanying text.
98 Actus reus is defined as a "wrongful deed that comprises the physical

components of a crime and that generally must be coupled with mens rea to establish
criminal liability." Black's Law Dictionary 37 (7th ed. 1999).

99 Mens rea is defined as criminal intent or recklessness or a "state of mind that
the prosecution, to secure a conviction, must prove that a defendant had when committing a
crime." Id. at 999. "Mens rea is the second of two essential elements of every crime at
common law, the other being the actus reus." Id.

100 Interview with Henriquez, supra note 8; see also Interview with Mena, supra

note 62; see also Interview with Pifieyro, supra note 63.

101 Interview with Mena, supra note 62; see also Interview with Pifieyro, supra

note 63.



Columbia Journal of Gender and Law

was open to the corruption that plagued, and continues to plague,
government institutions in the Dominican Republic. Mdicos legistas could
be bribed.0 2

4. "Insults to Modesty" and "Offenses Against Modesty"

"Insults to modesty" and "offenses against modesty" were criminal
offenses defined in Articles 330, 331, and 332 of the Criminal Code. 0 3

These offenses were listed under the same section of the Criminal Code as
the rape provision, "Delitos contra la honestidad," or "Crimes against the
honesty of a person."' °4 Except for the crime defined in the second
paragraph of Article 332, "Violent offenses against a person's sense of
modesty," these crimes were considered lesser charges and were classified
as correctional in nature, rather than criminal. As previously mentioned,'0 5

correctional crimes carried softer penalties and bail was mandatory. Often,
those charged under one of these Articles would never see trial, especially
once bail was posted.

These Articles created several vaguely defined criminal offenses.
Article 330 made it a criminal offense to publicly insult another person's
modesty. 10 6 The first paragraph of Article 331 defined non-violent offenses,
or "outrages," against the modesty of a child of either sex under the age of
eleven.'0 7 The second paragraph of Article 331 stipulated that a non-violent
offense against the modesty of a child of either sex older than eleven would
result in the same criminal penalties as those imposed for a child under the

102 Interview with Mena, supra note 62.

103 Criminal Code, arts. 330, 331, 332:

Art. 330.-El que piblicamente cometiere un ultraje al pudor, serf castigado, segin la
gravedad del caso, con prision correccional de tres meses a dos ahos, y multa de cinco a
cincuenta pesos.

Art. 33 1.-El atentado al pudor, consumado o intentado sin violencia en la persona de un
nifho de uno u otro sexo, menor de once afios de edad se castigard con la pena de reclusi6n.

Pirrafo.-Con igual pena se castigari al ascendiente que cometerse el atentado al pudor sin
violencia en la persona de un menor, de uno u otto sexo, cuando 6ste fuere de once o mis
ahios de edad y siempre que no estuviese ya emancipado por el matrimonio.

Art. 332.-... El atentado a] pudor, consumado o intentado con violencia en la persona de
un niflo, de uno u otro sexo, menor de 11 ahios, seri castigado con la pena de 3 a 5 ahios de
trabajos pi~blicos; cuando la victima fuere de 11 o mis afios de edad, pero menor de 18, se
aplicari la pena de 3 a 6 ahios de detenci6n; y por ultimo, se impondri la pena de reclusi6n, si
la edad de la victima luere de 18 o mds ahos.

'04 See id.
1o5 See infra note 140 and accompanying text.

106 Criminal Code, art. 330.

'0'Id. art. 331, para. 1.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 53

age of eleven, as long as the older child had not yet been emancipated by
marriage. 0S The second paragraph of Article 332 criminalized violent
offenses against the modesty of a child of either sex and imposed penalties
that varied according to the age of the child.0 9

All of these provisions were vague, as they did not define the acts
that constitute "insults" or "offenses" to a person's "modesty." In practice, a
person was considered "modest" if he or she was still a virgin. Implicit in
these provisions was the legislative and cultural assumption that non-virgins
could not suffer sexual violence. The only certainty was that an "insult" or
"offense" to a person's modesty was sexual in nature. In practice, sexual
assaults that did not involve vaginal penetration might be prosecuted under
one of these provisions.

Despite its vague wording, Article 330 was inexplicably narrowed
in its application by the requirement that the crime in question be one that
had occurred in public. In 1936, the Supreme Court of Justice had
interpreted the word "public" to require that the act occur in a "public
place," whether witnessed by third parties or not, or that it occur in a
"private place" but witnessed by third parties."" On the facts of the
particular case before them, the judges ruled that the act in question had not
been "public" because it had taken place within the confines of a private
home and the witness, alerted by the victim's screams, had run to the house
only in time to see the accused escaping through a back door but had not
actually witnessed the sexual assault."'

There were additional problems with these provisions. Article 331,
for example, only applied to nonviolent injuries to a person's modesty. This
element of the offense was grounded in an illogical contradiction, since it is
generally understood that sexual assault is a form of violence. Furthermore,
Article 331(2) applied only to those minors who had not yet been
emancipated through marriage. The assumption, as with the rape provisions,
was that someone who was married either always consented to sexual
activities or only suffered negligible injuries.

Articles 330 and 331 and the second paragraph of Article 332 also
suffered from some of the same procedural problems that made it difficult
to secure a conviction for rape under the first paragraph of Article 332. The

'
08 Id art. 331, para. 2.

'09 Id. art. 332, para. 2.

'10Id. art. 334. The Supreme Court of Justice, in a decision rendered December 2 1,

1936, held

... que el ultraje al pudor es piiblico, por el s6lo hecho de la publicidad inherente al lugar en
que se ha realizado, aunque no hubiere sido visto por ningt~n testigo, y presenta asimismo
este cardcter, cuando realizado en un lugar privado, ha sido percibido por terceros, en
ausencia de precauciones suficientes, de parte de sus autores, para mantenerlo en secreto.

11Id.



Columbia Journal of Gender and Law

certificate issued by the mddico legista essentially determined the guilt of
the accused. Victims had to endure traumatic interrogations at the hands of
police officers, prosecutors, and judges. Minors could not be interviewed or
give evidence in private. Finally, if charges were made, there were no legal
mechanisms in place to protect the victim pending a resolution of the
case." 2 Many critics argued that these provisions, especially the second
paragraph of Article 332, should be relied upon as more general sexual
assault provisions that would cover all nonconsensual sexual activity that
did not involve vaginal penetration." 3 Unfortunately, however, this was not
the case in practice.

5. Corruption of Minors and the Luring of Minors from their Homes

Two criminal offenses were defined in Articles 355 and 356 of the
Criminal Code, in a section entitled "Abduction of minors from their
homes."'"1 4 The first paragraph of Article 355 made it a criminal offense
(correctional in nature) to lure a young female from the family home."'
One of the obvious deficiencies with the first paragraph of Article 355 was
that it was not gender-neutral. Only a young girl under the age of eighteen
was covered. In addition, like the rape provision in Article 332, the age of
the victim determined the severity of the sentence that would be imposed on
the guilty party.

The second paragraph of Article 355 was correctional in nature and
made it an offense for a man to nonviolently cause the pregnancy of a
minor.i16 The Article exclusively applied to victims who had a reputation
for "honesty." In other words, it applied only to virgins. Proof of "honesty"

112 Interview with Mena, supra note 62; see also Interview with Pifieyro, supra

note 63.

113 Criminal Code, arts. 355, 356.

114 Id. art. 355. This section of the Criminal Code was titled "Sustracci6n de

menores," or "Extraction of minors":

Article 355--Todo individuo que extrajere de la casa patema o de sus mayores, tutores o
curadores a una joven menor de diecis6is afios... incurrird en la pena de uno a dos afios de
prisi6n y multa de doscientos a quinientos pesos. Si lajoven fuera mayor de diecis6is afios y
menor de dieciocho, la pena serd de seis meses a un ahio de prisi6n y multa de cien a
trescientos pesos. El individuo que, sin ejercer violencia, hubiese hecho grhvida a una joven
menor de edad reputada hasta entonces como honesta, incurrird en las mismas penas
anteriormente expresadas, para la aplicaci6n de las cuales se tendrd en cuenta la relaci6n de
edad que este mismo articulo establece_

According to Article 256, "En el caso de que el seductor se case con la agraviada,
quedari libre de toda persecuci6n y de las penas anteriormente sefialadas."

"' Id art. 355, para. 1.

116 Id. art. 355, para. 2.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 55

was usually found in the community. 17 Neighbors and family members had
to provide character evidence, attesting to the fact that the girl did not have
a reputation for going out at night, consuming alcohol, and engaging with
men.' 8 If her reputation was tarnished by this type of behavior, the
assumption would be that she had provoked the man or consented." 9 In any
event, many of these cases never went to court but rather were "resolved"
between the parties, usually through marriage. 20 Sometimes a priest or a
public prosecutor mediated between the parties, which occasionally led to
marriage or an offer of consensual union and payment of a predetermined
sum of money."

Interestingly, the second paragraph of Article 355 characterized the
pregnancy, rather than the sexual assault, as the injury. It also contemplated
that the pregnancy itself was the result of a non-violent act. The sexual
violence behind the pregnancy was ignored and instead the pregnancy itself
was criminalized. There was no mention of the age at which a minor could
legally consent to sexual relations. In those cases where perhaps a girl over
a certain age had legally consented, this provision was premised on the
discriminatory assumption that pregnancy always results from the exclusive
action and will of the man; the woman or girl appeared only as a passive
subject, a recipient.

2 2

Article 356 provided that if a man facing criminal charges under the
second paragraph of Article 355 married the minor girl in question, he
would face no criminal penalties. 123 A simple contract of marriage was
sufficient and necessary to avoid criminal sanction and, as far as the law
was concerned, to erase any injury to the girl's physical, emotional, and
psychological well-being. Marriage also permitted the man to escape the
moral disapprobation of society. 24 The girl did not appear to have much of

117 Interview with Mena, supra note 62. Mena stated that the type of evidence

required was "que ella no andaba en ]a calle, que no andaba en fiestas, porque si ella andaba
en fiestas, entonces eso significaba que ella lo habia seducido a 61," or "that she doesn't walk
in the street, that she doesn't go to parties, because if she goes to parties, it signifies that she
was seducing him."

118SId

1 9 Id.

120 Id.; see also Interview with Henriquez, supra note 8.

121 Id.

122 Instituto de la Mujer, Ministerio de Asuntos Sociales de Espafia, Facultad

Latinoamericana de Ciencias Sociales (FLACSO), and UNICEF (Dominican Republic),
Muieres Latinoamericanas en Cifras: Repmblica Dominicana, http://www.eurosur.org/
FLACSO/mujeres/rdominicana/ (last visited Nov. 8, 2004) [hereinafter Muieres
Latinoamericanas en Cifras: Repnblica Dominicana].

123 Criminal Code, art. 356.

124 Interview with Henriquez, supra note 8; see also Interview with Mena, supra

note 62.



Columbia Journal of Gender and Law

a say; usually her family decided for her as a way of "resolving" the
potential problems of an unwed teenage mother and an illegitimate child. 2

1

D. Crimes of Physical Violence: Assault

1. Physical Assault

Physical assault, excluding sexual assault, was criminalized under
Title II, Section 2, of the Criminal Code, entitled "De las heridas y golpes
voluntarios no calificados homicidio, y de otros crimenes y delitos
voluntarios," or "Intentional physical injuries and blows not classified as
homicide, and other intentional crimes and offenses."' 26 Article 309
classified physical assaults into three categories: assaults that resulted in an
injury or illness that prevented the victim from working for more than
twenty days; assaults that resulted in mutilation, amputation, loss of the use
of a limb, loss of an eye, or other illnesses; and assaults resulting in
death.'2 7 The sentencing scheme varied with the gravity of the injury
suffered by a victim. 2 8 Article 310 criminalized premeditated assaults or
assaults occasioned through deception. 29

Article 311 criminalized physical assaults resulting in injuries or
illnesses to the victim that lasted ten to twenty days, those that lasted under
ten days, and those that caused no physical incapacity at all; premeditation
or deception was listed as an aggravating factor. 30 Article 312 provided that

125 Interview with Mena, supra note 62.

126 Criminal Code, Tit. II.

127 Id. art. 309:

Art. 309.-E1 que voluntariamente infiere heridas, diere golpes, cometiere actos de violencia
o vias de hecho, si de ellos resultare al agraviado una enfermedad o imposibilidad de
dedicarse al trabajo durante m.s de veinte dias, serd castigado con la pena de prisi6n de seis
meses a dos afios, y multa de diez a cien pesos. PodrA ademfs condenArsele a la privaci6n de
los derechos mencionados en el articulo 42, durante un afho a lo menos, y cinco a to mis.
Cuando las violencias arriba expresadas hayan producido mutilaci6n, amputaci6n o
privaci6n del uso de un miembro, p~rdida de la vista, de un ojo u otras enfermedades, se
impondrA al culpable la pena de reclusi6n. Si las heridas o los golpes inferidos
voluntariamente han ocasionado la muerte del agraviado, la pena serd de trabajos pfblicos,
afin cuando la intenci6n del ofensor no haya sido causar la muerte de aquel.

128 id.

129 Id. art. 310 (providing that "[s]i en el hecho concurren las circunstancias de

premeditaci6n o asechanza, la pena serd de diez a veinte ahios de trabajos pfiblicos, cuando se
siga la muerte del ofendido; y si 6sta no resultare, se impondrd a] culpable la de tres a diez
afios de trabajos p~iblicos.").

13
0 Id. art. 311.

Art. 31 .- Cuando una persona agraviada en la forma que se expresa en el Articulo 309,
resultare enferma o imposibilitada para dedicarse a su trabajo personal, durante no menos de
diez dias ni mi.s de veinte, a consecuencia de los golpes, heridas, violencia o vias de hecho,

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 57

assaulting a relative, such as a parent or child, would be considered an
aggravating factor for sentencing purposes.13

1

This criminal scheme, as written, was similar in spirit to assault
provisions available in other countries.'32 In practice, these provisions could
have been quite useful in combating violence against women, and in
particular, domestic violence. The reality, unfortunately, was remarkably
different. Battered women fleeing a violent relationship were more often
than not turned away by police who rationalized that "esos eran problemas
de pareja,"'133 or "these are couples' problems." In one case, for example,
CENSEL had provided police with evidence that an abusive spouse carried
an illegal firearm and had been terrorizing his victim for months,
threatening to kill her. 34 Nevertheless, the woman's successive pleas to
police were ignored. The physical abuse and death threats intensified and,
because the police offered no assistance, the woman left her spouse and
moved in with her parents. Her spouse went to the house, telling witnesses
that he meant to kill her; when told that she was not at home, he killed her
mother instead. 35 The state was often unwilling to intervene in cases of
domestic violence on the assumption that these were "private matters.' 36

el culpable sufrird pena de prisi6n correccional de sesenta dias a un afto y multa de seis a
cien pesos.

Pbrafo I.-Si la enfermedad o imposibilidad durare menos de diez dias o si las heridas,
golpes, violencia o vias de hechos no hubiesen causado ninguna enfermedad o incapacidad
para el trabajo al ofendido, la pena seri de seis a sesenta dias de prisi6n correccional y multa
de cinco a sesenta pesos o una de estas dos penas solamente....

Pirrafo II.-Si concurriese la circunstancia de la premeditaci6n o de la asechanza en los
hechos enunciados, la pena seri de seis meses a dos afios de prisi6n correccional y la multa
de diez a doscientos pesos.

131 Id. art. 312:

Art. 312.-Si los golpes o las heridas de que tratan los tres articulos anteriores ban sido
inferidos por el agresor a sus padres legitimos, naturales o adoptivos, o a sus ascendientes
legitimos, se le impondrdn las penas siguientes: si el delito cometido trae la pena de prisi6n y
multa, el culpable sufrird la de reclusi6n; si trae sefialada la de reclusi6n, el delincuente serlt
condenado a la detenci6n, y si la pena que pronuncie ]a ley es la de detenci6n, el culpable
sufrirA la de los trabajos pfiblicos.

132 Criminal Code (Can.), sections 265, 266, 237, 268, 269.

133 Interview with Rodriguez, supra note 10; see also Interview with Mena, supra
note 62.

134 Letter from CENSEL regarding the case of Julio Antonio Tejeda (Jan. 9, 1994)
(on file with CENSEL) (asking the court to deny the defendant bail pending commencement
of his trial because police failure to respond to previous complaints by the victim about the
defendant's possession of a gun directly resulted in the alleged murder).

135 id.

136 Interview with Mena, supra note 6; see also Spousal Abuse Policies and

Legislation, supra note 16, at 5 (noting that in "over half of all spousal homicide cases [in
Canada] . .. police noted a history of domestic violence in the family"); see also Family



Columbia Journal of Gender and Law

Unfortunately, this ignored the fact that in many cases, physical assault
escalates to murder.

Cases that were accepted by police and/or public prosecutors were
usually those that were considered serious-in other words, cases in which
the woman had suffered a permanent injury, such as loss of an eye or loss of
a limb.137 When women suffered temporary injuries, it was the mddico
legista who determined the sentence imposed upon conviction, assuming, of
course, that police and prosecutors chose to even intervene.1 38 The
certificate issued by the mdico legista would stipulate the type of injury
and would classify the injury as permanent or temporary. If the injury was
classified as temporary, the certificate would indicate the number of days
required for the injury to heal. Sentences imposed upon conviction would
often reflect the conclusions drawn by the mdico legista-for example, if
the injury was classified as temporary and curable in ten days, then the
accused might get ten days imprisonment and/or a fine. 3 9

The criminal offenses created by Articles 309 to 311 were
correctional in nature, so bail was mandatory unless the assault resulted in
permanent injury or death. This created the very real risk that when women
did choose to report spousal abuse to the police, and the police agreed to
charge the abusive spouse, the accused would post bail, go home, and inflict
a more damaging beating or kill the woman. 140 Furthermore, if police did
choose to lay a charge, they would often simply schedule a hearing date
with a magistrate; it was up to the woman to inform the aggressor that he
had to appear before a magistrate on a certain date.' 4 1 In the absence of
protective measures such as restraining orders or conditions being placed
upon release, battered women were left in a precarious position pending
trial. There were no shelters available to women seeking to escape an
abusive relationship. 42 There were few services available to women, except
those provided by the small number of civil society groups that began to
appear in the 19 8 0 s. 143 Even when charges were brought, public prosecutors

Violence in Canada, supra note 17, at 39 (indicating that, in Canada "[b]etween 1993 and
2002, most spousal homicides involved a reported history of domestic violence: 68% of male
victims and 60% of female victims .... Police were aware of previous domestic violence in
about 70% of homicides involving estranged female spouses."

137 Interview with Henriquez, supra note 8.

138 .; see also Interview with Pifieyro, supra note 63.

139 Interview with Pifieyro, supra note 63.

140 Interview with Mena, supra note 62; see also Interview with Pifieyro, supra
note 63.

141 Interview with Mena, supra note 62.
142 Interview with Henriquez, supra note 8; see also id.; see also Interview with

Nfifez, supra note 9; see also Interview with Pifieyro, supra note 63.
143 Interview with N-ifiez, supra note 9.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 59

would often decline to follow up, and unless the woman was fortunate
enough to enlist the assistance of lawyers working for civil society
organizations, her case would be left unresolved.'"

Many cases that were classified by the police or public prosecutors
under Articles 309 to 311 as intentional assaults were in fact cases of
attempted murder. 14

' Nevertheless, it was uncommon for the accused to be
charged with attempted murder even when the attack was vicious and the
intent to kill was clear. For example, Pifieyro, one of the lawyers
interviewed for this study, recalled the case of a woman who had been
stabbed fifteen times by her spouse. 146 The judge, however, decided that this
was not an attempted murder. 147

2. Murder

Police records from 1987 to 1990 indicate that 140 women were
murdered in the city of Santo Domingo alone. 148 In the majority of these
cases, police files did not indicate a motive for the murder but in thirty-five
percent of the cases, the motive was listed as "eelos, ''

1
49 or "jealousy." In

other words, these were examples of "crimes of passion."' 50 Police records
also failed to document consistently what relationship, if any, existed
between the victim and her killer. Thirty-seven percent indicated that the
man was a spouse or ex-spouse, and forty-nine percent of the files that did
not indicate the relationship between the killer and the victim nevertheless
contained hints that the man was someone known to the woman, because
these murders occurred in hotels, bars, and in the victims' own homes.15 1

The "crime of passion" label carries with it the insinuation of
provocation. Prior to 1997, in the Dominican Republic, the allegation that a
man had killed a woman out of jealousy was considered a mitigating factor
for sentencing purposes. Article 324 of the Criminal Code, for example,

144 id.

145 Interview with Pitieyro, supra note 63.

1
4 6 

id.

147 Id.

148 CENSEL, supra note 24, at 108-09.

149 Id.

15 0 Id.

15 Id. at 109-10 (noting that women are often murdered by someone they know).

For a comparative perspective, see generally Spousal Abuse Policies and Legislation, supra
note 16. In Canada, "[i]n the ten-year period of 1991-2000, homicides involving intimate
partners accounted for 27 percent of all homicides. During that period, intimate partners
killed 1,056 persons. Of the 846 women killed (80 percent of the total), 481 were killed by a
current spouse, 185 by an estranged spouse, 177 by a boyfriend and three by a same-sex
partner." Id. at 5.



Columbia Journal of Gender and Law

provided that an accused who caught his or her partner in the act of
committing adultery within the family home and then killed him or her
could receive a lesser sentence.15 2

Although gender-neutral, this provision was almost exclusively
applied in cases where a man murdered his wife or partner and then alleged
that he had caught her in bed with her lover. 153 When the facts of a
particular murder case did not quite fit with the elements of the legal
defense created in Article 324, provocation of some sort could still be raised
as a defense under Article 321.54 This Article provided that provocation,
threats, and violence could be raised as defenses to murder. 55 According to
one lawyer, the provocation defense contained in Article 321 was one of the
most invoked Articles of the Criminal Code. 156 Both Articles 321 and 324
allowed sentences to be considerably reduced. Many men charged with
murdering their partner would allege that an adulterous affair had provoked
the killing but could not necessarily prove the truth of that allegation.' 57

Nevertheless, the allegation was usually sufficient to reduce a sentence or
even to convince the judge to hand down a verdict of not guilty.158

3. Criminal Harassment

The offense of criminal harassment is often used to sanction
stalking and other forms of threatening behavior. 9 Often, breaching the
conditions of a court order or recognizance by engaging in criminal
harassment will constitute an aggravating factor for sentencing purposes.' 60
Prior to 1997, there were no Criminal Code provisions available to women

'52 Criminal Code, art. 324:

El homicidio cometido por un c6nyuge en la persona del otto c6nyuge no es excusable, si la
vida del c6nyuge que ha cometido el homicidio no estaba en peligro en el momento en que
se cometi6 el delito. Es excusable el homicidio del c6nyuge que, sorprendiendo en adulterio
al otro esposo en la casa conanteriores se han cometido en la persona de uno de los
ascendientes del culpable, la pena en el primer caso seri la de reclusi6n y, en el segundo, la
de trabajos pfiblicos.

153 Interview with Rodriguez, supra note 10.

154 Criminal Code, art. 321 (providing that "[e]l homicidio, las heridas y los golpes
son excusables, si de parte del ofendido han precedido inmediatamente provocaci6n,
amenaza o violencias graves").

1
5 5 

Id.

156 Interview with Mena, supra note 62.

157 Intreview with Henriquez, supra note 8; see also Interview with Rodriguez,

supra note 10.

1s8 Id.

159 Criminal Code (Can.), art. 264.
161 Id. art. 264(4).

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 61

in the Dominican Republic who were being stalked or suffering other types
of psychological and/or sexual harassment. Women simply had to suffer in
silence or attempt to distance themselves from the man who was tormenting
them. In effect, women had to wait until they had been physically beaten,
raped, or even killed before police and the state would intervene.
Unfortunately, the state was ignoring the fact that physical abuse is often
preceded by verbal and psychological abuse.' 6 '

II. LAW 24-97: TILE STATE'S LEGISLATIVE RESPONSE
TO VIOLENCE AGAINST WOMEN

The approval of Law 24-97 in 1997 by the National Congress was
an important first step in the struggle to eradicate violence against women
in the Dominican Republic. Given the archaic and discriminatory nature of
Criminal Code provisions available prior to 1997, change was clearly
required. Law 24-97 repealed certain provisions discussed above, modified
others, and created several new criminal offenses. The law represents the
state's legislative response to the problem of violence against women.
Substantive provisions address most forms of violence against women. For
the most part, Law 24-97 reflects the state's concern with denunciation,
retribution, and both individual and general deterrence. It reflects less of a
concern with rehabilitation, notions of restorative justice, and
proportionality in sentencing.

Law 24-97 creates specific offenses criminalizing "violence against
women" and "domestic violence., 162 These provisions may seem redundant
in light of other provisions criminalizing assault. Their inclusion appears to
reflect a clear attempt by the state to publicly denounce violence against
women and all forms of violence occurring within the family home.

161 Interview with Mena, supra note 62.

162 Criminal Code, art. 309:

Art. 309-1--Constituye violencia contra la mujer toda acci6n o conducta, ptiblica o privada
en raz6n de su gfnero que cause dahio o sufrimiento fisico, sexual o sicol6gico a la mujer,
mediante el empleo de fuerza fisica o violencia sicol6gica, verbal, intimidaci6n o
persecuci6n.

Art. 309-2--Constituye violencia domstica o intrafamiliar todo patr6n de conducta
mediante el empleo de fuerza fisica, o violencia sicol6gica, verbal, intimidaci6n o
persecuci6n, contra uno o varios miembros de la familia o contra cualquier persona que
mantenga una relaci6n de convivencia, contra el c6nyuge, ex-c6nyuge, conviviente o ex-
conviviente o pareja consensual, o contra la persona con quien haya procreado un hijo o una
hija para causarle dahio fisico o sicol6gico a su persona o dafio a sus bienes, realizando por el
padre, la madre, el tutor, guardian, c6yuge, ex-c6nyuge, conviviente, ex-conviviente o pareja
consensual o persona bajo cuya autoridad, protecci6n o cuidado se encuentra la familia.

Los culpables de los delitos previsto en los dos articulos que preceden serin castigados con
la pena de un afio de prisi6n por lo menos y cinco a lo m.s y multa de quinientos a cinco rail
pesos y la restituci6n de los bienes destruidos, dafiados y ocultados si fuere el caso.



Columbia Journal of Gender and Law

The definition of the "violence against women" offense is taken
almost verbatim from Article I of the Convention of Bel6m do Pari 163 and
covers physical, sexual, and psychological forms of violence. Domestic
violence is very broadly construed, is gender-neutral, and covers all forms
of violence, including psychological and verbal abuse, as well as
intimidation or persecution.64 The criminal offense of "domestic violence"
can be used not only to prosecute aggressors who assault their spouses, but
also those aggressors who assault other family members as well. Therefore,
the provision can be resorted to in cases of elder abuse and child abuse.
"Violence against women" and "domestic violence" are punishable by one
to five years' imprisonment and a fine, as well as restitution of property in
cases where property has been damaged or destroyed by the aggressor.' 65

In addition to the changes noted above, Law 24-97 criminalizes
discrimination on the basis of enumerated grounds that include age, sex,
marital status, disability, political affiliation, membership in a trade or labor
union, ethnicity, nationality, race, or religion. 66 It protects privacy rights, 67

and criminalizes the solicitation of sexual activity (excluding
prostitution),1 68 as well as acts of torture committed by the state or by
private individuals.1 69 It also addresses issues relating to the abandonment
of children and the family, 170 and the kidnapping and illegal transfer of
children.'

7 1

A. Reforms of Sex-Related Crimes

1. Sexual Assault, Rape, and Child Abuse

Law 24-97 creates the new offense of sexual assault, codifying a
broader approach to sexual violence that is not limited to acts of vaginal

163 Convention of Belrm do Pard, supra note 14, at art. I ("For the purposes of this
Convention, violence against women shall be understood as any act or conduct, based on
gender, which causes death or physical, sexual or psychological harm or suffering to women,
whether in the public or the private sphere.").

"4 Law 24-97, art. 309-2.
165 Id.

16Id. arts. 9, 336,336-1.

17_d arts. 337, 337-1, 338, 338-1.

6 Id. art. 334.
"9 Id. art. 303.

170 Id. arts. 347, 348, 349, 350, 351, 352, 353.

171 Id. art. 354.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 63

penetration. 7 2 The provision is gender-neutral and provides that consent
can be vitiated not only through violence, but also through threats,
compulsion, and deceit. Women, therefore, should not have to provide
proof of having attempted to physically resist their assailants. Sexual assault
is punishable by five years' imprisonment and a fine.' 73 Sentences will be
increased to ten years if any of the following aggravating factors are
present: if the woman is pregnant; if the victim suffers from a physical or
mental disability; if the victim is threatened with a weapon; if the accused
person is related to the victim, either by blood or through adoption; if the
accused person is in a position of authority over the victim; if two or more
people have acted together to commit the sexual assault; and if the victim
has sustained other physical injuries as a result of the sexual assault.174 The
judge appears to be granted no discretion for sentencing purposes.

Rape is now defined as any act of sexual penetration committed
through the use of physical violence, threats, compulsion, or surprise." s

This new definition of Tape is gender-neutral, and unlike its predecessor, 176

covers anal penetration and penetration occasioned with instruments as
well. Rape is punishable by ten to fifteen years' imprisonment and a fine.' 7

Sentences can be increased to twenty years if certain aggravating factors are
present, including the following: if the victim is pregnant or suffers from a
physical or mental disability, if the accused person is related to the victim
by blood or through adoption, if the victim is a child or adolescent, or if the
accused is in a position of authority over the victim. 8

'7 Id. art. 330 ("Constituye una agresi6n sexual toda acci6n sexual cometida con
violencia, constrefi, amenaza, sorpresa, engalio.").

171 Id. art. 333 ("Toda agresi6n sexual que no constituye una violaci6n, se castiga

con prisi6n de cinco afios y multa de cincuenta mil pesos.").

174 id.:

Sin embargo, la agresi6n sexual definida en el parrafo anterior se castiga con reclusi6n de
diez afios y multa de cien rail pesos cuando es cometida o intentada contra una persona
particularmente deficiencia fisica o mental o estado de graviddz; b) con amenaza de uso de
anna; c) por un ascendiente legitimo, natural o adoptivo de ]a victima; d) por una persona
que tiene autoridad sobre ella; e) por dos o ms autores o c6mplices, 0 por una persona que
ha abusado de la authoridad que le confieren sus funciones; g) cuando ha ocasionado heridas
o lesiones.

175 Id. art. 331 ("Constituye una violaci6n todo acto de penetraci6n sexual, de

cualquier naturaleza que sea cometido contra una persona mediante violencia,
constrefhimiento, amenaza o sorpresa.").

176 See supra notes 70-85 and accompanying text.

177 Law 24-97, art. 331 (providing that "[Ila violaci6n serA castigada con la pena de

diez a quince alios de reclusi6n y multa de cien mil a doscientos mil pesos").

178 Id.:

Sin embargo, ]a violaci6n seri castigada con reclusi6n de diez a veinte ahios y multa de cien
mil a doscientos mil pesos cuando haya sido cometida en perjuicio de una persona



64 Columbia Journal of Gender and Law [Vol. 14:1

One of the most glaring omissions from reforms introduced by Law
24-97 is the continued presence of Articles 355 and 356.179 Article 355
remains essentially unchanged. 8" The wording in Article 356 has been
amended but the changes are problematic. If a man sexually assaults and
impregnates a young girl, but then marries her, under the current wording of
the Article, a. criminal charge can only be brought by those persons who
have standing to demand the annulment of that marriage. 8 ' The man can be
convicted only when, and if, an annulment is granted.

2. New Categories of Sexual Crimes

a. Sexual Violence within Marriage

Law 24-97, which repealed Article 324 of the Criminal Code,1 2

specifically criminalizes sexual assault occurring within marriage or within
consensual unions and imposes sentences similar to those prescribed for
rape. 183 Law 24-97 also specifically criminalizes incest.'8 4 Both provisions

particularmente vulnerable en raz6n de su estado de gravid~z, invalid~z o de una
discapacidad fisica o mental.

Serd igualmente castigada con la pena de reclusi6n de diez a veinte ahios y multa de cien mil
a doscientos mil pesos cuando sea cometida contra un ni?,o, nifia o adolescentes, sea con
amenaza de un arma, sea por dos o m:s autores o c6mplices, sea por ascendiente legitimo,
natural o adoptivo de la victima, sea por una persona que tiene autoridad sobre ella, o por
una persona que ha abusado de la authoridad que le confieren sus funciones ....

179 See supra notes 114-125 and accompanying text.

"" Law 24-97, art. 355:

Todo individuo que extrajere de la casa paterna o de sus mayores, tutores o cuidadores a una
joven menor de dieciocho afios por cualquier otro medio que no sea los enunciados en el
articulo anterior incurrird en la pena de uno a cinco afios de prisi6n y multa de quinientos a
cinco mil pesos.

El individuo que sin ejercer violencia hubiere hecho grivida a una joven menor de dieciocho
afios incurrirS en las mismas penas anteriormente expresadas.

La pena seri siempre el mdximo de la prisi6n y de la multa cuando el culpable y ]a joven
sustraida o seducida estuvieren ligados por afinidades en segundo grado o por parentesco en
tercero y la reclusi6n cuando mediare entre ellos segundo grado de parentesco.

... Id. art. 356 (stating that "[e]n caso de que el seductor se case con la agraviada
6ste solo podrA ser perseguido por la querella de las personas que tienen calidad para
demandar la anulaci6n del matrimonio, y ser solo condenado despu6s que esta anulaci6n
hubiere sido pronunciada").

182 id. art. 5.
113 Id. art. 332:

Con igual pena se sancionard a la persona que incurra en una actividad sexual no consentida
en una relaci6n de pareja, en cualesquiera de los casos siguientes: a) Mediante el empleo de
fuerza, violencia, intimidaci6n o anenaza; b) Si se ha anulado sin su conesntimiento su



2005] Violence Against Women in the Dominican Republic 65

are gender-neutral and broadly construed to encompass rape and other
forms of sexual assault. Incest or attempted incest is punishable by a
mandatory minimum sentence of thirty years' imprisonment." 5 Judicial
discretion for the purposes of sentencing is not permitted. Anyone charged
under this provision is automatically denied bail.'86 Family members related
through marriage (e.g., step-fathers and step-brothers) are not included
within the scope of the provision. Surprisingly, a spouse in the act of
committing adultery is no longer to be considered a mitigating factor for
sentencing purposes in murder cases. The adultery provisions in Articles
336 to 339 were also repealed.187

b. Sexual Harassment

Article 333-2 creates the new criminal offense of sexual
harassment.'88 It is gender-neutral and defined as any act intended to apply
pressure, or any order, threat, or offer made by an individual in a position of
authority to elicit sexual favors. There is a mandatory sentence of one year
imprisonment plus a fine upon conviction'8 9 If sexual harassment occurs in
the workplace, the complainant can resign from his or her position without
prejudicing future criminal or civil actions related to the impugned

capacidad de resistencia por cualesquiera medios; c) Cuando por enfermedad o discapacidad
mental, temporal o permanente, la persona victima estuviere imposibilitada para comprender
la naturaleza del acto en el momento de su realizaci6n; d) Cuando se obligare o indujere con
violencia fisica o sicol6gica a su pareja a participar or involucrarse en una relaci6n no sexul
no deseada con terceras personas.

' Id. art. 132-1:

Constituye incesto todo acto de naturaleza sexual realizado por un adulto mediante engafio,
violencia, amenaza, sorpresa o constreffimiento en la persona de un nifho, nifia o adolescente
con el cual estuviere ligado por lazos de parentesco natural, legitimo o adoptivo hasta el
cuarto grado o por lazos de afinidad hasta el tercer grado.

185 Id. art. 332-2 (providing that "[l]a infracci6n definida en el articulo precedente

se castiga con el miximo de ]a reclusi6n sin que pueda acogerse en favor de los prevenidos
de ella circunstancias atenuantes"); see also id. at 332-3 (stating that "[1]a tentativa de la
infracci6n definida en el articulo 332-1, se castiga como el hecho consumado").

186 Id. art. 332-4 (providing that "[q]uedan excluidos del beneficio de la libertad

provisional bajo fianza los prevenidos de la infracci6n definida en el articulo 332-1").

1
7 Id. arts. 9, 10, 336, 337, 338.

188 Id. art. 333-2:

Constituye acoso sexual toda orden, amenaza, constrefrimiento u ofrecimiento destinado a
obtener favores de naturaleza sexual, realizado por una persona (hombre o mujer) que abusa
de la autoridad que le confieren sus funciones. El acoso sexual se castiga con un afio de
prisi6n y multa de cinco mil a diez mil pesos.

1
8

9 Id.



Columbia Journal of Gender and Law [Vol. 14:1

conduct.' 90 Although the Article contemplates that a complainant may wish
to resign, it does not address the issue of reprisals instigated by the
aggressor in response to a criminal charge.

B. Punishment and Protection Reform

Aggravating factors for sentencing purposes, which will increase
the sentence imposed from a minimum of five years' to a maximum of ten
years' imprisonment for those convicted of "violence against women" or
"domestic violence" include the following: if the accused person commits
the crime in the place where the victim has sought refuge, if a weapon was
employed in the assault, if the violent acts were inflicted in the presence of
children or adolescents, if the domestic violence is accompanied by death
threats or the destruction of property, and if the accused was already subject
to a protection order.' 9' In every reported case of "violence against women"
or "domestic violence," a judge must issue a protection order.' 92 The court
must also order those convicted of these crimes to participate in
rehabilitative programs. 9'

190 Id. art. 333-2 (stating that "[e]l acoso sexual en los lugares de trabajo da lugar a
dimisi6n justificada de conformidad con las previsiones de los articulos 96 y siguiente del
C6digo de Trabajo, sin perjuicio de otras acciones que pueda intentar la victima").

191 Id. art. 309-3:

Se castigarin con ]a pena de cinco a diez ahios de reclusi6n a los que scan culpables de
violencia cuando concurran uno o varios de los hechos siguientes: a) Penetraci6n en la casa o
en el lugar en que se encuentre albergado el c6nyuge, ex-c6nyuge, conviviente o ex-
conviviente, o pareja consensual, y cometiere alli los hechos constitutivos de violencia
cuando estos se encuentren separados o se hubiere dictado orden de protecci6n disponiendo
el desalojo de ]a residencia del c6nyuge, ex-c6nyuge, conviviente, ex-conviviente, o pareja
consensual; b) Cuando se causare grave dafho corporal a ]a persona; c) Cuando el agresor
portare arma en circunstancias tales que no conlleven la intenci6n de matar o mutilar; d)
Cuando la violencia se ejerciere en presencia de nihios, nifias y adolescentes, todo ello
independientemente de lo dispuesto por los Arts. 126 a 129, 187 a 191 del C6digo para la
Protecci6n de Nifios, Nifias y Adolescentes (Ley No. 14-94); e) Cuando se acompafien de
arnenazas de muerte o destrucci6n de bienes; 0 Cuando se restrinja la libertad por cualquier
causa que fuere; g) Cuando se cornetiere la violencia despu~s de haberse dictado orden de
protecci6n, a favor de la victima; h) Si se injujere, incitare u obligare a la persona hombre o
mujer a intoxicarse con bebidas alcoh6licas o embriagantes, o drogarse con sustancias
controladas o con cualquier medio o sustancia que altere la voluntad de las personas.

1
92 Id. art. 309-4:

En todos los casos previstos en los articulos precedentes el tribunal dictard orden de
Protecci6n a favor de Ia victima de violencia, no pudiendo en ningfin caso acogerse a las
circunstancias atenuantes en provecho del agresor. El tribunal condenari ademds de estos
casos al agresor a la restituci6n de los bienes destruidos, dafiados u ocultados.

1' Id. art. 309-5:

En todos los casos previsotos en el presente titulo el Tribunal impondri accesoriamente a los
infractores, la asistencia obligatoria a programas terap~uticos o de orientaci6n familiar por



2005] Violence Against Women in the Dominican Republic 67

The protection order is a preventive measure designed to protect the
life, physical and psychological integrity, and property of victims of
violence when there is a risk of further assaults. 194 It can be issued by the
Court of First Instance or the Court of Instruction. Protection Orders can
also be solicited through the public prosecutors' offices.' 95 Judges can issue
the orders at the request of the victim, a lawyer, or anyone else with
knowledge of the events in question, even before rendering a decision in the
case. 96 The victim, his or her family members, or anyone else with
knowledge of the criminal offense can present the information in either oral
or written form to the public prosecutor or before the Court of
Instruction. 97 Presumably this provision includes civil society groups, as

un lapso no menor de seis (6) meses en una instituci6n pfiblica o privada. El cumplimiento
de esta pena y sus resultados serin controlados por el Tribunal.

194Id, art. 309-6:

La Orden de Protecci6n que se establece en le Art. 309-4, es una disposici6n previa a la
instrucci6n y juicio que dicta el Tribunal de Primera instancia, que contiene una o todas de
las sanciones siguientes: a) Orden de abstenerse de molestar, intimidar o amenazar al
c6nyuge, ex-c6nyuge, conviviente, ex-conviviente o pareja consensual o de interferir en ]a
guarda o custodia provisional o definitiva acordada en virtud de la ley o de una orden
judicial; b) Orden de desalojo del agresor de la residencia del c6nyuge, ex-c6nyuge,
conviviente, ex-conviviente o pareja consensual; c) Interdicci6n del acceso a ]a residencia
del c6nyuge, ex-c6nyuge, conviviente, ex-conviviente o pareja consensual; d) Interdicci6n de
acercamiento a los lugares frecuentados por el c6nyuge, ex-c6nyuge, conviviente o pareja
consesual; e) Prohibici6n a la victima de trasladar u ocultar los hijos comunes; f) Orden de
internamiento de la victima en lugares de acogida o refugio a cargo de organismos piblicos o
privados; g) Orden de suministrar servicios de atenci6n a la salud de orientaci6n para toda la
farnilia a cargo de organismos pdiblicos o privados; h) Orden de presentar informes de
carficteT financiero sobre la gesti6n de los bienes comunes y de la empresa, negocio,
comercio o actividad lucrativa com1in; i) Interdicci6n de enajenar, disponer, ocultar o
trasladar bienes propios de la victima o bienes comunes; j) Orden de reponer los bienes
destruidos u ocultados; k) Orden de medidas conservatorias respectos de la posesi6n de los
bienes comunes y del ajuar de la casa donde se aloja la familia; 1) Orden de indemnizar a ]a
victima de la violencia, sin perjuicio de las acciones civiles que fueren de lugar, por los
gastos legales, tratamiento m6dico, consejos psiquiftricos y orientaci6n profesional,
alojamiento y otros gastos similares.

19s Interview with Rodriguez, supra note 10.
196 Law 24-97, art. 236-3:

El Juez de Instrucci6n apoderado de la querella dispondri inmediatamente sea a
requerimiento de la victima, como de las personas con capacidad para presentar la querella o
de oficio, una, varias o todas las ordenes de protecci6n previstas en el articulo 309-6 del
C6digo Penal en provecho de la victima, sin perjuicio de cualquier otra medida que a su
juicio sea necesaria para garantizar la seguridad e integridad fisica y siquica de la victima.

197 Id. art. 236-2:

La querella seri presentada ante el Procurador Fiscal o ante el Juez de Instrucci6n en forina
verbal o escrita, por ]a victima, sus ascendientes o tutores, o por cualquier persona que tenga
conocimiento directo de los hechos constitutivos de la infracci6n, independientemente de
cualquier autoridad con capacidad legal, de acuerdo con el presente C6digo.



68 Columbia Journal of Gender and Law [Vol. 14:1

well as police officers, indicating the codification of a policy encouraging
police officers to charge the alleged offenders.' 98

C. Changes to Enforcement

In order to boost the enforceability of the provisions contained in
Law 24-97, the Dominican government also created specialized
departments and services for survivors of violence against women. For
example, Law 86-9999 created the Secretaria de Estado de la Mujer, a
government ministry dedicated to the protection and promotion of women's
rights. Special police departments were also established to deal with
violence against women. These departments, called Destacamentos de
Protecci6n de la Mujer, were placed within police stations in major cities
such as Santo Domingo, Santiago, San Francisco de Macoris, Villa
Altagracia, and Bani.2 00

° These centers were intended to receive initial
reports of violence against women; to provide legal advice and
psychological counseling; and to provide victims with support in dealing
with police, public prosecutors, magistrates, mddicos legistas, and judges.2 'O

Although the government has also established specialized
provincial offices dedicated to women's issues, called Oficinas Provinciales
de ]a Mujer, this initiative has been largely confined to the National District.
In Santo Domingo, there is the Departamento de Defensoria, which
provides psychological and legal counseling to victims of violence against
women. The Centro de Atenci6n a Mujeres Maltratadas, which issues
medical certificates prepared by mddicos legistas and provides
psychological counseling, is also located in the capital.202

Other government initiatives have included the creation of the
Comisi6n Nacional de Prevenci6n y Lucha Contra la Violencia
Intrafamiliar ("CONAPLUVI") to "facilitate the coordination and
supervision of policies for the prevention of domestic violence against

198 Spousal Abuse Policies and Legislation, supra note 16, at 12-13 (noting that

pro-charge policies generally require police officers to lay charges where there are
reasonable grounds to believe that an assault has taken place, regardless of the wishes of the
victim).

'99 Ley 86-99 sobre la creaci6n de la Secretaria de Estado de la Mujer (1999)
(Dom. Rep.) [hereinafter Law 86-991.

200 Committee on the Elimination of Discrimination Against Women,

Consideration of reports submitted by States under Article 18 of the Convention on the
Elimination of all Forms of Discrimination against Women, Fifth Periodic Report of States
Parties. Dominican Republic 9-10 (Apr, 11, 2003), http://ods-dds-ny.un.org/doc/UNDOC/
GENIN03/336/15/PDF/N0333615.pdfOpenElement [hereinafter Consideration of Reports].

201 Interview with Rodriguez, supra note 10.

202 Consideration of Reports, supra note 200, at 17.



2005] Violence Against Women in the Dominican Republic 69

women, and to monitor the enforcement" of Law 24-97.2o3 The government
has attempted to put in place an integrated registry system for
documentation and statistical review of cases of domestic violence.0 4 One
of the specific mandates of the Secretaria de Estado de la Mujer is to
coordinate efforts between civil society groups and the government. 0 5

Unfortunately, initiatives in this area have been slow and tense. 206

Il. LAW 24-97 AND THE STRUGGLE TO ERADICATE
VIOLENCE AGAINST WOMEN:

CRITIQUE AND RECOMMENDATIONS

The approval in 1997 of Law 24-97 forms an integral part of the
Dominican Republic's often difficult struggle to effect institutional,
judicial, political, and economic modernization and reform, a task seen as
crucial to deepening the commitment to democracy. The Dominican
Republic is a country in the process of strengthening its democratic
institutions and raising the quality of life of an impoverished population.
The transition to democracy and the struggle against poverty are threatened
by corruption and inefficiency, by a judicial system that still fights to win
its independence from political elites, and by poor delivery on the part of
the state of basic public services such as health care, education, and a
functioning judicial system.

Observers continue to criticize the Dominican political system,
describing it as one that still wavers between paternalism and participation
and one that continues to be shaped by traditional authoritarian
tendencies.20 7 Popular perceptions regarding the role and function of
government are influenced both by experiences of the recent past and the
perceived inability of state institutions to respond to the needs of citizens.
Of all the respondents consulted in a 1997 national survey, 42.8 percent
identified a preference for democracy with the acquisition of individual
rights and freedoms, yet 50.4 percent preferred a strong leader with the
profile of a dictator and 59.0 percent believed that a strong leader "would

203 Id.

2 4 Id.

205 m.

206 Meeting between representatives of the Secretaria de la Mujer and civil society

organizations (Oct. 18, 2001). The SEM is currently in the process of elaborating a plan
designed to coordinate efforts between the state and civil society groups. This plan is being
developed in two documents entitled "Propuesta sobre la Articulaci6n entre las ONGs y la
SEM: Construyendo una Integraci6n Arquetipica entre Estado y Sociedad Civil" and
"Reglamento para la Articulaci6n entre la SEM y las Organizaciones de la Sociedad Civil."

207 Ricardo Valverde G6mez, Investigaci6n Sobre Acceso a la Justicia en la

Repiblica Dominicana, in Acceso a la Justicia v Equidad: Estudio en Siete Paises de
Amdrica Latina 337 (Jos6 Thompson ed., I st ed. 2000).



Columbia Journal of Gender and Law

do more for the country than all the laws and institutions combined. 2 0 8

Demonstrating little faith in government, 64.5 percent believed that "only if
God intervened" would the country's problems be resolved.2° 9

The aforementioned factors combine with cultural perceptions to
produce an environment where women continue to face discrimination and
violence with frustrating regularity and remain unable to access the legal
system for protection of their rights despite the introduction of Law 24-97.
The criminalization of forms of violence against women was a start, but
needs to be supplemented with initiatives to promote the safety and security
of victims of violence and to maintain confidence in the administration of
justice.2 to Law 24-97, on its own, represents a purely normative response to
the problem of gender-based violence. One of the most fundamental
obstacles to the transformation of words into deeds is that this response to
the phenomenon of violence against women has remained purely normative.
The state has neglected to supplement the legislation with physical
infrastructure, trained professional personnel, adequate budgetary
allocations, well thought out national policies, and a dedicated commitment
to re-focusing the cultural lens through which violence against women is
viewed.

The result is legislation that is crippled from the start and sorely
ineffective in practice. Law 24-97 remains an isolated legal initiative. A
more comprehensive approach to violence against women is needed, one in
which legal reforms are supported and supplemented by initiatives
undertaken within the public health and public education sectors. Also
problematic is the fact that Law 24-97 was largely enacted in a vacuum and
remains unsupported by reform initiatives needed to address the more
general problems that continue to plague the administration of justice in the
Dominican Republic. With Law 24-97, the state introduced progressive
legislation but has done little to ensure that the institutions charged with
enforcing, administering, and interpreting the law are willing and able to do
so. Many initiatives remain promising on paper but a disappointment in
practice. And although the state often cites a lack of financial resources as
one of the main obstacles,21" ' most critics point to a lack of political will as
the biggest hurdle.21 2

20g Id.

209 id.

210 Spousal Abuse Policies and Legislation, supra note 16, at 15.

211 Consideration of Reports, supra note 200, at 16.

212 Interview with Rodriguez, supra note 10.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 71

A. Statistics After the 1997 Reform

Violence against women continues to pose a serious threat to the
physical, emotional, and psychological integrity of Dominican women.
According to statistics made available by the National Police, 104 women
were murdered in the Dominican Republic between November 1, 2000 and
October 31, 2001213 The vast majority of victims (eighty-six percent) were

between the ages of twenty and forty-five, sixty-two (sixty percent) of these
murders were committed by a spouse or ex-spouse, and the assailant
committed suicide after killing the woman in eighteen percent of the
cases.214 The murderers used firearms in forty-two percent of the cases and
knives, machetes, or some type of blade in forty-nine percent. 21

1 Most
telling of all, in at least twenty of these cases, the woman in question had
previously reported an instance of violence or threats to the police but had
not received timely and adequate help.216

The Destacamentos de Protecci6n de la Mujer in the police station
at Villa Juana, in the city of Santo Domingo, received 13,111 complaints of
domestic violence in 2003, while the Secretaria de la Mujer received 4,602
complaints during the first six months of 2003.217 Statistics compiled by
government institutions revealed that 129 women were killed by their
spouses in 2003 compared with 119 in 2002.218 Public prosecutors in Santo
Domingo received 2,000 complaints of sexual assault or rape during
2003.219 The International Labor Rights Fund has estimated that forty
percent of women working in Dominican free trade zones are sexually
harassed by supervisors or co-workers.22°

These newer statistics reveal a much higher number of women
22subjected to violence than the pre-1997 statistics.221 It remains unclear

whether the higher number reflects a greater willingness on the part of
women to report incidents of violence to public authorities, better
registration systems as a result of changes introduced by Law 24-97 and

213 Centro de Investigaci6n para la Acci6n Femenina (CIPAF), Por ]a Vida de las
Muieres: iNi Una Muerte Mis! Estadisticas Muieres Muertas en Forma Violenta en el Afio
20L01 Quehaceres 7 (Nov. 2001).

214 Id. at 8.
215 id.
216 id. at 9.

217 Dominican Reublic 2003, supra note 59.

218 Id. Non-governmental organizations estimated that, in 2003, 200 women had

been murdered by their spouses.
2191d.

220 Id.

221 See supra notes 40-47 and accompanying text.



Columbia Journal of Gender and Law

other government initiatives, an actual increase in the incidence of violence,
or a combination of all three factors.

The Dominican state has also undertaken the complicated task of
fighting poverty and raising national indicators of the quality of life.
Significant progress has been achieved in this area, but problems still
remain. For example, per capita income continues to rise at a progressive
rate: per capita income rose from $1,750 in 1990 to $3,993 by 1997.2
Literacy rates have also improved (rising from seventy-eight percent in
1990 to approximately eighty-two percent in 1997), as has the average life
expectancy (increasing from sixty-seven years in 1990 to seventy years in
1997). The population with access to potable water increased by eighteen
percent from 1975 to 1996.223 Nevertheless, twenty-two percent of the
population do not have access to health services, forty-two percent of
children do not obtain a fifth grade education; twenty percent of
Dominicans earn one dollar per day; the per capita income of the wealthiest
twenty percent of people is $10,277, while that of poorest twenty percent is
$775; and twenty-one percent of the population live in absolute poverty,
unable to meet basic dietary nutritional requirements on a day to day
basis. 24

Over the last three decades, successive Dominican governments
have also worked to improve the quality of life of Dominican women. The
efforts undertaken have resulted in many successes. For example, fertility
rates and the number of deaths due to childbirth have decreased, especially
in urban areas, and life expectancy has increased. Additionally, literacy
rates and the number of Dominican women enrolled in technical and
university programs continue to rise, as has the number of women entering
and remaining in the workforce.2 s Problems persist, particularly with
respect to the types of jobs that women acquire and the remuneration they
can expect to receive. In addition, huge discrepancies are apparent between
the quality of life of women living in urban areas compared to those living
in rural areas. Poverty and lack of economic opportunity force many women
into international sex work. More than 50,000 Dominican women work
abroad as prostitutes, and local prostitution, especially for "sex tourism"
purposes, is rampant.2 6

222 G6mez, supra note 207, at 334.

223 Id. at 334-35.
224 Id. at 335.

225 See Ba~z, supra note 23, at 113-14; see also Muieres Latinoamericanas en

Cifras: Repilblica Dominicana supra note 122.
226 International Organization for Migration, Trafficking in Women From the

Dominican Republic for Sexual Exploitation 3 (June 1996), http://www.iom.intl
documents/publication/en/mip%5Fdominican%5 Ftraff'/o5Feng.pdf. "The Dominican
Republic has the fourth highest number in the world of women working overseas in the sex
trade after Thailand, Brazil, and the Philippines." Id. According to the IOM, "the

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 73

B. Institutional Capacity to Enforce the Provisions of Law 24-97

Law enforcement, the judiciary, and public health care
professionals remain largely unaware of the legislative changes introduced
to the Criminal Code by Law 24-97. Most members of the National Police
surveyed for this study during the period from November, 2001 to January,
2002 indicated that they were only vaguely aware of the existence of Law
24-97. For the most part, they seemed to have heard of the law but usually
could not list any of its specific provisions.227 Only a handful of the police
officers who chose to participate in the survey had received training on the
substantive content of the law, the procedures to be followed under the law
to ensure that it is being properly enforced and applied, or gender-
sensitivity awareness.228 A sergeant of the National Police stated with
conviction that a husband cannot rape his wife: " C6mo puede violar un
hombre a su esposa? Eso no existe en nuestra ley; eso existe en otros paises
pero aqui no, '2 29 or, "How can a husband rape his wife? That doesn't exist
in our law; that exists in other places but not here." Another police officer
explained that violence against women is rampant in the Dominican
Republic because Dominican women are "hot" and Dominican men are
"masculine," then noted that the majority of women who are murdered have
been killed out of jealousy. 230

1. The Judicial System

The way in which specific instances of gender-based violence are
classified by public prosecutors and judges reflects the persistent legislative
irrelevance of Law 24-97. 231 In the majority of cases of violence against

international sex work is viewed by many sources in the country as a concrete alternative for
young, impoverished women who cannot find job opportunities at home." Id. Women who
were interviewed for the IOM study cited two main reasons for working abroad in the sex
trade: the need to have "the financial means to feed and raise their children" and/or "to buy a
home for their parents." Id.

227 See Police Interviews, supra note 32.

22
8

Id.

229 Interview with an unnamed Sergeant of the National Police, Destacamento de la

Policia Nacional, Zona Colonial, in Santo Domingo, Dom. Rep. (Nov. 2001); see also id.

230 Interview with the Jefe de Robo Sector Gazcue, Destacamento de la Policia

Nacional de Gazcue, in Santo Domingo, Dom. Rep. (Nov. 2001). This interviewee stated
that "las mujeres dominicanas son muy calienles y los hombres son muy machistas," or "the
Dominican women are very hot and the men have a lot of machismo." See also Police
Interviews, supra note 32.

231 Inter-American Commission on Human Rights, The Situation of Women in the

Dominican Republic, in Report on the Situation of Human Ri.zhts in the Dominican Republic
(Oct. 7, 1999), http://www.cidh.oas.org/countryrep/DominicanRep99/Chapterl 0.htm:



Columbia Journal of Gender and Law

women, cnries are not classified according to the criminal offenses created
by Law 24-97; instead, they tend to be classified according to the old
provisions of the Criminal Code. Recent statistics released by the Supreme
Court of Justice list the number of criminal cases entered in the ten courts of
the Palacio de Justicia in Santo Domingo for the period from January to
June, 2000 according to the type of crime. Listed among the most common
types of crimes are rape, attempts against modesty, blows and injuries,
luring of minors from their homes, and attempted rape.232 Cases classified
under the new offenses created by Law 24-97 were entirely missing from
the list. Despite the enactment of Law 24-97 by the National Congress in
1997, the justice system still seems to be governed by the archaic, sexist,
and discriminatory provisions contained in the old Criminal Code.

a. Judicial Independence in Creating and Enforcing the Law

According to Article 4 of the Constituci6n, the Dominican Republic
is essentially republican, democratic, and representative, with a government
in which power is divided between three independent branches: the
Executive Branch (President of the Republic), the Legislative Branch (a
bicameral Congress composed of a Senate and a Chamber of Deputies), and
the Judicial Branch (Supreme Court of Justice and all other courts). 3

Power tends to be centralized in the Executive Branch and the authority of
local governments, organized in ayuntamientos (municipal councils), is
limited. The influence of elites within the two main political parties, the
Dominican Revolutionary Party and the Dominican Liberation Party, over
the Executive, Legislative, and Judicial branches of government is evident.

Some women victims of domestic violence turn to police stations, where in most cases the
police refuse to take the declaration. When the police station does receive the complaints and
initiates the procedure pursuant to Law 24-97, they bring the cases to the office of the public
prosecutor for them to be classified as cases of family violence and referred to the
investigative court. Once in those courts, the procedure strays from the purpose of the law
for the judges dismiss the complaint or re-label the cases. For example, in the case of
physical aggression, they characterize it as a case of blows and injuries which, if healed
within [ten] days, allows the assailant to be released on bond, jeopardizing the victim, as the
assailant is violent to the victim once again.

232 Maireni Rivas, Suprema Corte de Justicia (Dom. Rep.), Estadisticas de las diez

Cdmaras Penales del Juzgado de Primera Instancia del Distrito Nacional (Jan.-June 2000), at
53.

233 Constituci6n (1994), art. 4:

El gobiemo de la Naci6n es esencialmente civil, republicano, democrdtico y representativo.
Se divide en Poder Legislativo, Poder Ejecutivo y Poder Judicial. Estos tres poderes son
independientes en el ejercicio de sus respectivas funciones. Sus encargados son responsables
y no pueden delegar sus atribuciones, las cuales son finicamente las determinadas por esta
Constituci6n y las leyes.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 75

The issue of judicial independence remains problematic. In 1994,
constitutional reforms resulted in the creation of the National Judiciary
Council whose members are empowered to elect judges to the Supreme
Court of Justice.234 This ended the exclusive authority of the Senate, which
had traditionally been empowered to appoint judges to the Supreme Court
of Justice, a process over which the President of the Republic had always
been able to exert a disproportionate amount of influence. In 1997, the
selection of a new set of judges by the National Judiciary Council provided
an important first step towards the creation of the Supreme Court of Justice
that was fully independent of government. However, despite constitutional
progress in this area, there is ample evidence that the separation of powers
has yet to be fully institutionalized. The recent appointment of three new
judges to the Supreme Court of Justice was denounced by civil society
groups and politicians alike. In large part, the selection was almost entirely
the result of political negotiations between the main political parties,
leading critics to label the process undemocratic and "una justicia
comprada,"'23s or "justice that has been bought." Furthermore, although
new, more professionally-oriented selection criteria have been implemented
to guide the hiring and selection of judges, most critics still allege that
judicial posts are political posts, with candidates being chosen based more
on political affiliations than merit or technical expertise.236

Judicial independence is also influenced by the prevailing
Dominican vision of the role of judges within a democratic model of
governance. Within general legal theory, the judge is seen as an objective
and impartial civil servant, free from external pressure and influence. The
judge should function independently of the other branches of government
and should remain unbiased by public opinion and his or her personal
worldview. Beyond applying the laws in a just and neutral manner, judges
in a constitutional democracy are also responsible for ensuring that
legislation and administrative actions uphold the principles enshrined in the
Constituci6n. This means that the judiciary is not entirely independent of

234 See id. art. 64, para. I. The National Judiciary Council is composed of seven

members-the President of the Republic, the President of the Senate and any other senator
belonging to a different political party than that of the President of the Senate, the President
of the Chamber of Deputies and any other deputy belonging to a different political party than
that of the President of the Chamber of Deputies, the President of the Supreme Court of
Justice (SCJ), and one other judge from the SCJ. Id.

235 Julio Csar Valentin, Comments at a Panel Discussion on La Reforma Judicial

at the Tercer Encuentro Trimestral del Proyecto Para el Apoyo a las Iniciativas Democrditicas
Conference at the Pontificia Universidad Cat6lica Madre y Maestra (Sept. 21, 2001). For the
most part, candidates presented by civil society organizations were disregarded during the
September 2001 selection of the three judges to the SCJ. Id.

236 Interview with Nfiez, supra note 9; see also Interview with Rodriguez, supra

note 10; see also Interview with Pifieyro, supra note 63.



Columbia Journal of Gender and Law

government; rather there exists some interdependence, or some sort of
dialogue, between all three branches of government.

However, in the Dominican Republic, judge-made law has always
been regarded with deep suspicion. The Supreme Court of Justice has noted
on more than one occasion that judges should limit themselves to applying
the laws and should refrain from interpreting them except in "pathological"
cases; in other words, judicial interpretation should be limited to those rare
instances of "imperfection" in the law.237 This vision of the role of the judge
finds its source in the origins of the Dominican legal system, a system
rooted in the more centralized Napoleonic model, and in turn, on the
Romano-Germanic model, both of which have given little support to the
idea of judicial activism.238 The theory upon which the justice system has
been founded has combined with, and in turn complemented, historical
trends which also reveal a strong tradition of subordinating the judicial
power to, and making it dependent on, the Executive and Legislative
branches of government. As one commentator has noted, restrictions that
have traditionally been placed on judicial interpretation, and the dominant
view that has identified law with legislation and the will of the legislator,
can only be explained as part of a bid to provide the Executive and
Legislative branches with unfettered power.2 39

As a result, there has traditionally existed little support for the idea
of judicial review or judicial supervision of the constitutionality of
legislation and administrative actions in the Dominican Republic. Judges
have played an extremely limited role in criticizing unjust laws, ensuring
that constitutional rights are respected, or updating the notoriously archaic
nature of much of the Dominican codified legislative regime. That judges
tend to be chosen for their political affiliation suggests that the judiciary
itself has been complicit in this process, exacerbating popular perceptions
of the justice system as corrupt, inefficient, and a waste of time.
Consequently, the judiciary has remained largely silent when confronted
with discriminatory legislation and judicial procedures that have
undermined the rights of women.

b. Lack of Reform in the Rules of Evidence and Criminal Procedure

In addition to the inefficiencies and human rights abuses that
continue to plague the judicial system, rights of the accused and public
confidence in the system are also undermined by what can only be termed
arbitrary criminal procedures. One of the biggest problems is that the

237 Roberto Obando Prestol, Sistema de Administraci6n de Justicia y

Gobernabilidad, Comisionado de Apoyo a la Reforma y Modernizaci6n de ]a Justicia 1998,
http://www.reforna-iusticia. gov.do/sisadmin.htm (last visited Nov. 7, 2004).

2 3 8 id.
2 3 9

Id.

[Vol. 14:1



2005] Violence Against Women in the Dominican Republic 77

Dominican criminal law system is not premised, in practice, on the
presumption of innocence. 4

0 An accused person is presumed guilty until
such time as he or she can prove his or her innocence. In practice, the
burden of proof is on the accused rather than on the state and, furthermore,
the principle that a reasonable doubt should favor the accused is routinely
ignored.241 Although these fundamental civil rights have now been codified
in the country's new Code of Criminal Procedure, the Constituci6n still
does not guarantee the presumption of innocence or the right to legal
counsel.242

Criminal cases are not decided by juries.243 Instead, verdicts emerge
from "la intima convicci6n del juez." This is a system which relies on
judicial weighing of the evidence in accordance with the "intimate and
subjective conviction" of the presiding judge.2" Instead of relying on
principles of objectivity based on careful weighing of relevant evidence, the
Dominican criminal law system permits subjective assessments which are
often arbitrary and lack transparency. The judge is not obligated to
publicize the reasons for his or her decision in a particular case. As one
lawyer recently observed, the "intimate conviction of the judge" is often

240 Prestol & Azouri, supra note 5; see also C6digo de Procedimiento Penal [Code

of Criminal Procedure], http://www.reforma-iusticia.gov.do/Ncpd/editorial.htm (last visited
Nov. 8, 2004). Article 2 of the new Code of Criminal Procedure, which came into force on
September 27, 2004, codifies the presumption of innocence, explaining that '[t]oda persona
perseguida penalmente se presume inocente de los hechos que se les imputan. La presunci6n
de inocencia impone a quien acusa la obligaci6n de invesfigar y presentar las pruebas de la
culpabilidad, conforme a las reglas planteadas por el presente C6digo."

241 Code of Criminal Procedure, supra note 240, art. 3 (providing that the burden of

proof rests with the prosecutor):

La prueba de la culpabilidad de la persona perseguida corresponde al 6rgano acusador. El
Ministerio POiblico debe establecer la realidad y la calificaci6n juridica de los hechos asi
como la existencia de todo elemento susceptible de tener influencia sobre dstos; la
participacion en estos hechos de la persona que se persiga; la existencia en dicha persona de
]a intenci6n culpable requerida por el texto de ]a incriminaci6n.

See also Constituci6n (2002) art. 4 (stating that any doubt favors the accused).

242 See Constituci6n (2002).

243 Dominican Republic 2003, supra note 59.

244 Inter-American Commission on Human Rights, The Right to Judicial Recourse

and the Administration of Justice in the Dominican Republic, in Report on the Situation of
Human Rights in the Dominican Republic (1999), http://www.cidh.oas.org/
countryrep/DominicanRep99/Chapter3.htm [hereinafter Right to Judicial Recourse].
According to lawyers Henniquez, Mena, and Pifieyro, there is no specific provision or article
in the Criminal Code or in the Code of Criminal Procedure that mandates a criminal system
based on the "intimate and subjective conviction" of the judge. See Interview with
Henriquez, supra note 8; see also Interview with Mena, supra note 62; see also Interview
with Pifieyro, supra note 63. This principle seems to have been developed in legal doctrine
and is also implied by references to "la apreciaci6n de losjueces" in various articles of the
Criminal Code. See, e.g., Criminal Code, art. 2.



Columbia Journal of Gender and Law

influenced by the mood of the judge on that particular day, the physical
appearance of the victim or the accused, and whether the judge is on
friendly terms with either the public prosecutor or lawyers for the
defense.2 45 As a result of the lack of gender-sensitivity training for judges
and the changes introduced by Law 24-97, this procedure permits dominant
stereotypes to inform judicial decision making. 46

Law 24-97 has not changed the role played by the m~dico legista in
cases of violence against women and remains particularly problematic in
situations of sexual assault and rape. In a recent case, a twelve-year-old girl
raped by a thirty-seven-year-old male friend of the family did not report the
incident until six months later when she discovered that she was pregnant,
tried to induce an abortion, and became seriously ill.247 The police sent the
girl to the midico legista who issued a certificate with the following
"findings": that the patient was female, non-virgin, below the age of
puberty, capable of conceiving, with adequately developed secondary
sexual characteristics, and with a "himen dilatable complaciente,' '248 or
"hymen not intact." The man was not charged. 49

In cases of sexual assault and rape, the medico legista continues to
focus almost exclusively on the "condition" of the hymen, rejecting a more
holistic approach that would take into consideration the emotional,
psychological, and physical state of the victim. In addition, the "findings"
of the m~dico legista continue to determine whether or not a charge will be
laid by public prosecutors; if a charge is laid, the certificate will determine
under which Criminal Code provision the accused will be charged and what
sentence, if any, will be imposed by the judge. The source of this problem
lies partially in a lack of training for these professionals.

c. The Role of the Prosecutor

There is a worrisome tendency for public prosecutors to "resolve"
cases of violence against women through conciliation rather than through
the application of relevant provisions of Law 24-97. From October, 1997 to
November, 1998, 1,000 of the 4,136 reports of violence against women
received by the Departamento de Protecci6n de la Mujer (Villa Juana Police
Detachment, Santo Domingo) were resolved through agreements worked

245 Interview with Rodriguez, supra note 10.

246 ld.; see also Interview with Nifiez, supra note 9; see also Interview with
Pifteyro, supra note 63.

247 Susi Pola, iM s penalizaci6n a los agresores?, El Nacional,

http://www.elnacional.com.do (last visited Dec. 18, 2001) (on file with author).
248 Id.

249 Id.

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2005] Violence Against Women in the Dominican Republic 79

out between the parties.25 0 There is every indication that the proportion of
cases being resolved through conciliation has risen since then.2 ' The
reliance on this approach results in part from an attempt to quickly process
the overwhelming number of cases of violence against women that are
received on a daily basis at the various Departamentos de Protecci6n de la
Mujer located throughout the country. 52

One of the most troubling consequences of this approach is that it
almost always forces women to continue to live under the same roof as their
assailants with few guarantees from the state that the terms and conditions
of the agreements between the parties will be respected.2 53 In many cases,
mediation means that assailants are "off the hook," while the victim's
situation remains virtually unchanged. In some cases, the victim is worse
off because she now faces increased resentment and anger from the
aggressor. There is little supervision and little follow-up on these cases.
Conciliation can be dangerous because it is used in situations where there
exists an acute power imbalance between the victim and the person
inflicting the abuse; any agreement will more than likely reflect this
disequilibrium and will tend, in effect, to re-victimize the victim. 4 During
the conciliation process, women are forced to sit in the same room with
their assailant, often without the benefit of legal representation, and often
under conditions of disempowerment. Here they must work out an
"agreement" meant to end what in many cases constitutes years of physical,
verbal, and psychological abuse, and sometimes results in death.25 One
commentator has noted that conciliation has, in practice, replaced the
protection order. 56

d. Inefficiency in the Administration of Justice by the Courts

The administration of justice in the Dominican Republic suffers
from extreme inefficiency and is unable to provide prompt and fair
resolution of cases. This results in serious violations of the rights of accused
persons. It also prompts survivors of violence to quickly lose faith in the
system and refuse to follow up on their cases, with the end result that cases
are abandoned by police and public prosecutors and assailants remain

250 Biez, supra note 23, at 123.

251 Interview with Nfifiez, supra note 9; see also Interview with Rodriguez, supra

note 10.
252 id.

253 id.

254 Pola, ; Mds penalizaci6n a los agresores?, supra note 247.

255 Interview with Nfiez, supra note 9.

256 See Pola, i MAs penalizaci6n a los apresores?, supra note 247.



Columbia Journal of Gender and Law

immune from criminal prosecution. Inefficiency also does little to address
the common issue of the reluctant witness in spousal abuse cases.

A study conducted by the Pontificia Universidad Cat6lica Madre y
Maestra in 1988 found that Courts of First Instance were ruling on only
seventeen percent of correctional cases and sixty-six percent of criminal
cases; at that rate, the backlog of cases was set to double every two-and-a-
half years.25 7 In 1996, the Supreme Court of Justice had 15,000 to 20,000
cases pending and was only able to rule on eight to ten cases per month.258

Statistics from the Departamento de Protecci6n de la Mujer in Santo
Domingo for the period October, 1997 to November, 1998, reveal that of
the 4,136 reports of violence against women that were received, 2,024
(approximately forty-nine percent) were processed.2 5 9 Those cases that were
processed were either sent to the proper tribunal, dismissed, sent to another
department or jurisdiction, or settled by an agreement between the
parties.260 Over half of the cases, comprising 2,112 reports of violence
against women, were not processed at all, either because they were still
being investigated or, in the majority of these cases, because the parties
involved did not follow up.261

One of the consequences of this inefficiency is a disproportionate
number of detained persons being held in preventive detention, many of
whom have not yet been officially charged with a crime. The Inter-
American Commission on Human Rights found that in 1998 eighty-five
percent of Dominican prisoners were being held in preventive detention.262

The situation has improved somewhat since then. As of August, 2001, there
were 11,510 persons being held in preventive detention, representing
seventy-two percent of the prison population. 263 In 2003, seventy percent of

257 Right to Judicial Recourse, supra note 244.

258 Id.

259 Bdez, supra note 23, at 123.

260 id

261 Id.

262 Right to Judicial Recourse, supra note 244.

263 Directorate of Prisons, Relaci6n y Porcentaie de Reclusos or Crceles Y

Condici6n Juridica en ]a Repblica Dominicana, Agosto 2001, Reporte de Circeles (2001)
[hereinafter Directorate of Prisons]; see also U.S. Dep't of State, Dominican Republic, in
Country Reports on Human Rights Practices-2000 (Feb. 23, 2001),
http://www.state.gov/g/drl/rls/hrrpt/2000/wha/761 him [hereinafter Dominican Republic
2000]. The inefficiency of Dominican courts has been slightly improved through the
implementation of several government initiatives. These have included the creation of a
prisoner registry system, the release of inmates being held solely pending the payment of a
fine, the pardoning of prisoners every Christmas (especially those that are elderly and/or
sick), the use of community conciliation centers to resolve new cases, and efforts to improve
the productivity of judges. Dominican Republic 2000. One of the biggest obstacles to
clearing the backlog of cases relates to the lack of funds for transporting prisoners to court.

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2005] Violence Against Women in the Dominican Republic 81

the prison population was being held in preventive detention and the
average pre-trial detention across the country lasted six months or more. 264

From the perspective of violence against women, this inefficiency
can have negative effects. The negative effects stem from different
considerations. On the one hand, survivors of violence may tend to quickly
lose faith in the system's ability to provide protection, restitution, and
recourse for a criminal wrong, and either choose not to report a crime or
refuse to follow up. On the other hand, given the complexity of spousal
abuse specifically, women may choose not to press charges or pressure
prosecution if the result will be that their spouse will be held in preventive
detention for months or even years at a time. Spousal abuse victims have
established relationships with their abuser: a spousal relationship, a
financial relationship, and often a parental relationship. A large percentage
of women who flee abusive relationships later reconcile with the abuser.2 6

1

In Canada, for example, the vast majority of women suffering spousal abuse
tend to support pro-charge policies because police charges put an immediate
stop to the violence; however, a smaller proportion support pro-prosecution
policies.

266

Recent statistics published by the Supreme Court of Justice for the
ten courts that comprise the Palacio de Justicia in Santo Domingo reveal
additional problems that work to impede judicial processes. One of the most
common complaints concerns the endless number of hearings that are
remanded or cancelled. Of 20,120 hearings held in the period January to
June, 2001, 13,269 were still pending a decision; of these, 8,960 were
correctional cases and 3,550 were classified as criminal in nature.2 67 There

268were 8,174 remands and 4,116 cancellations.
The primary reasons noted for remands in criminal cases included:

lack of a summons (152); incomplete record or documentation for the case
(378); lawyer for the defense missing (271); defense asked for more time to
study the record of the case (170); witnesses unavailable to testify (221);
victim missing from the hearing (326); prisoners not transferred from the

In 2002, the Supreme Court of Justice started a pilot program designed to bring the courts to
the prisons and set up mobile courts of instruction. Dominican Republic 2003, supra note 59.

264 Dominican Republic 2003, supra note 59.

265 Spousal Abuse Policies and Legislation, supra note 16, at 15, 21-22. In Canada,

for example, sixty percent of women who flee an abusive partner and take refuge in a shelter
will return to their partner and suffer subsequent violence. Often, women refuse to cooperate
with prosecutors because they wish to reconcile with the offender. Some women continue to
have a parental relationship with the abuser and some experience financial hardship
following the arrest of the abuser. Id.

266 id.

267 Rivas, supra note 232, at 12-13, 20.

268 rd.



Columbia Journal of Gender and Law

prison to the courthouse (454); and other reasons not specified (617).269 The
reasons listed for remands in correctional cases were quite similar. The
primary reasons listed for cancellations of criminal cases included:
prisoners not transferred from their prison to the courthouse (341); failure
of parties to the proceedings to appear (134); absence of the public
prosecutor from the proceedings (54); and other reasons not specified
(86).270 Again, the reasons noted for cancellation of correctional cases are
similar to those for criminal cases, but the numbers are strikingly different;
for example, failure of parties to the proceedings to attend the hearing
resulted in the cancellation of 2,349 hearings in correctional cases.271

These numbers reflect the fact that many survivors of violence
refuse to follow up on their cases either because they have lost faith in the
administration of justice or because they have sought to reconcile with the
abuser. In a large percentage of the cases, remands or cancellations are due
to the fact that the plaintiff did not appear in court. Often, if the survivor of
violence does not ensure that summons have been issued, that the record of
the case is complete and has been photocopied and filed with the court, and
that the public prosecutor is aware of the date of the hearing and intends to
attend, then the case will either become bogged down in countless remands
or will be dropped altogether.272

If survivors of violence do not follow up on their cases, public
prosecutors will usually abandon the proceedings. This may be due to
evidentiary considerations, because a reluctant witness may be the only
credible source of compelling testimony, or it may reflect a general
disinterest in prosecuting crimes against women. The issue of the
recalcitrant witness points to the need for policies that support the values
codified in Law 24-97, especially in the context of an extremely inefficient
system. Pro-prosecution policies work best when victims are supported and
have options. Measures that would help decrease the number of charges that
do not proceed to trial and sentencing include the following: the availability
of videotaped testimony, cautious use of judicial interim release only with
appropriate conditions, provision of timely information to victims
throughout the criminal process, access for victims to support services such
as shelters and counseling, and the development of police investigative
techniques designed to gather all available evidence rather than relying
solely on the evidence of the abused woman.2 7 3

269 /d. at 29.

270 Id. at 32-33.

271 Id.

272 Interview with Nifiez, supra note 9.

273 Spousal Abuse Policies and Legislation, supra note 16, at 21-23.

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2005] Violence Against Women in the Dominican Republic 83

e. Judicial Awareness of Law 24-97

Many judges and lawyers also remain ignorant of Law 24-97 or
refuse to apply and/or interpret this piece of legislation correctly. In a recent
case handled by CENSEL, the lawyer for a man accused of having anally
raped a ten-year-old girl brought an application for habeas corpus, arguing
that anal penetration did not constitute the criminal offense of rape as
defined in the Criminal Code and that, as a result, his client was being
unlawfully detained.z74 This lawyer would have been correctly interpreting
the law as it existed prior to 1997, but the new definition of rape in Law 24-
97 no longer excludes anal penetration. In another CENSEL case, a man
accused of incest was found guilty of sexual assault and given a sentence of
twenty years by the judge, even though paternity was never questioned at
trial and the accused himself had admitted that the victims in question were
his children.275 The minimum sentence upon conviction for incest according
to Article 332-2 of Law 24-97 is thirty years. 76 The judge provided no
reasons for his decision. On appeal, the sentence was confirmed.277

2. The National Police and Prison System

Another factor that can lead women to hesitate to press charges and
push for prosecution stems from the abysmal human rights record of the
National Police and the regularity with which human rights abuses occur in
the prison system. Many Dominicans are fearful of the National Police and
are reluctant to approach police for help or protection.278

a. Public Distrust of the Police

Although the Dominican Republic has worked to improve the
human rights record of its internal security forces, serious problems remain.
According to the U.S. Department of State, there were seventy-five
extrajudicial killings by the police in 1998; many of these unwarranted,
arbitrary killings were justified by authorities as resulting from "exchanges
of gunfire," or the need on the part of the police to practice self-defense.279

274 Interview with Rodriguez, supra note 10.

275 id.

276 Law 24-97, art. 332-2.

277 E-mail from Lucila Lara Nafiez, Executive Director of CENSEL, to Mercedes

Perez, Associate, Swadron Associates (Oct. 22, 2004) (on file with author).

278 Interview with Rodriguez, supra note 10.

279 U.S. Dep't of State, Dominican Republic, in Country Reports on Human Rights

Practices-1998 (Feb. 26, 1999), http://www.state.gov/www/global/human-rights/
1998_hrp report/domrepub.html [hereinafter Dominican Republic 1998].



Columbia Journal of Gender and Law

In 2003, an estimated 150 to 292 extrajudicial killings by police occurred.28 °

Newspaper articles describing these incidents usually quote police sources
who readily label the victims as "delincuentes," or "delinquents," a
characterization designed to legitimize police action.

The police are cited much more often for human rights abuses than
the military.28' Although on paper the National Police is controlled by the
civilian government administration, there are reports of human rights abuses
in which the police refuse to cooperate with public prosecutors in resolving
incidents of such abuses.22 Other abuses attributed to the police include
psychological and physical abuse of prisoners, detained persons, and their
families; the use of live ammunition to disperse demonstrations;113 arbitrary
arrests and detentions; searches of private residences without prior judicial
authorization; and "uniformed vigilantism. '284 It should also be noted that
often these abuses occur with the tacit approval of government officials. 2 5

The result is that police are perceived to be above the law.

b. Police Awareness of Law 24-97

Most police who were interviewed had not heard of the Protection
Order; if they had heard of it, they were only vaguely aware of its purpose
and were unsure as to how an Order could be solicited.286 The majority of
police believed that a woman who has been raped will also exhibit bruises
or other signs of violence on her body and that many women who allege
rape have in fact "provoked" their assailants in some way, usually through
their choice of dress, through flirtation, or by permitting a man to buy them
a drink. 87 Most also believed that the certificates issued by the midico
legista should be given substantially more evidentiary weight than the
testimony of the woman because some women tend to lie whereas the
certificate represents a "neutral" and "scientific" assessment provided by a

288medical and legal professional .

280 Dominican Republic 2003, supra note 59.

281 Id.; see also Dominican Republic 1998, supra note 279.

282 Dominican Republic 2000, supra note 263.

283 Dominican Republic 1998, supra note 279.

28' Dominican Republic 2000, supra note 263. "Uniformed vigilantism" is used to

describe situations in which the police employ unwarranted deadly force against criminal
suspects.

2 8 5 id.

286 Interview with the Jefe de Robo Sector Gazcue, supra note 230.

287 Police Interviews, supra note 32; see also id.

288Id.

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2005] Violence Against Women in the Dominican Republic 85

While conducting the survey, it became readily apparent that the
vast majority of police officers are unaware of their professional
responsibilities under Law 24-97. The police officers questioned believed
that cases of violence against women do not constitute a "regular" police
matter; rather, these are "special" cases that fall under the jurisdiction of the
specialized police departments such as the Departamento de Protecci6n de
]a Mujer (Villa Juana Police Detachment, Santo Domingo) or, for sexual
assault and rape cases, the Sexual Abuse Center.2 89 Police will only act if
the woman arrives at a police detachment with an arrest warrant in hand or
if police officers surprise an assailant in "delitoflagrante," 290 or "in the act
of committing a crime." Those interviewed also indicated that it is not the
role of police to provide women with any information on the law, legal
procedure, or support services. 29' According to police officers, this function
has been assigned exclusively to public prosecutors; interestingly, however,
almost every police officer indicated that he or she would prefer to increase
his or her knowledge of Law 24-97 in order to better assist women. 92

C. Other Government Actors

1. Secretaria de Estado de la Mujer

Despite the enactment of Law 24-97, the Dominican state remains
unwilling to protect the rights of victims of gender-based violence. A telling
example is the attitude of public prosecutors. The Public Ministry should
represent the interests of victims in denouncing and punishing public
wrongs. Yet, public prosecutors often lack adequate training to properly
navigate cases of violence against women and provide support to survivors
throughout the charge and prosecution stages of the judicial process.2 9 3

Many of these officials are overworked political appointees who lack

289 Id.

290 Id. For example, during an interview with the Regional Supervisor of the
National Police who was temporarily stationed in the Sdnchez Luper6n police detachment
(El Capotillo), I was told that prior to the enactment of Law 24-97 violence against women
was a "regular" police matter but that since 1997 these cases have fallen under the exclusive
jurisdiction of the newly created specialized departments. "Regular" police officers are now
only responsible for sending women to the specialized department at the police station in
Villa Juana (Santo Domingo) and for executing an arrest warrant if and when one has been
issued. This officer also told me that in cases where a woman has been "severely" beaten, the
"regular" police can act right away by arresting the accused, even in the absence of an arrest
warrant. However, this only occurs in what police perceive to be exceptional circumstances.

291 Id.

292 Id

293 Interview with Mena, supra note 62; see also Interview with Pificyro, supra

note 63; see also Interview with Rodriguez, supra note 10.



Columbia Journal of Gender and Law

specific legal expertise; they prefer "quick" solutions, such as conciliation,
and turn away "less serious" cases.294 Sadly, there is a dearth of supportive
services available for even those prosecutors who are sympathetic to the
plight of female survivors of violence.

If a woman wants to prosecute her assailant, she will be much
more likely to succeed if she hires a lawyer to represent her interests in
court. For poor women, however, the state provides little help. Under a
current program established by the Secretaria de Estado de la Mujer, the
Secretaria will pay for lawyers provided by a non-governmental
organization, such as CENSEL, for women who cannot afford to hire their
own lawyers. 95 Unfortunately, the funding provided is severely inadequate.
The Secretaria will merely pay approximately seventeen dollars per
accompaniment and will allow a maximum of only five accompaniments by
a lawyer.296 This is insufficient. Most cases take much longer than a year to
resolve and require more than five accompaniments. The funding provided
by the Secretaria does not cover preparation and court attendance time by
lawyer and, in any event, Dominican lawyers tend to charge much more
than what the Secretaria is willing to pay with the result that lawyers willing
to work for non-governmental organizations are few and far between. 9 7 In
addition, although the Secretaria will pay for five accompaniments, it will
not pay for anything else. The result is that women must cover all
disbursements, such as transportation costs, photocopying and filing of
documents, service of documents, and applicable taxes.298 These costs can
become quite onerous, especially for economically disadvantaged women.

The Secretaria has established a Departamento de Defensoria,
which currently has five lawyers available to aid survivors of violence.299

The Departamento de Defensoria, however, is limited to providing legal
advice and legal information; there is currently only one lawyer who
accepts cases that are going to trial.3°° Women who require accompaniment
and legal representation are usually directed to the few non-governmental
organizations that provide this type of service.

The government has established Unidades de Abuso Sexual (Sexual
Abuse Units) within specialized police detachments and public prosecutors'
offices. These units were established to provide psychological counseling

294 Id.

295 Interview with Ntfiiez, supra note 9.
296 /d.

297 Id.

298 Id.

299 Interview with Rodriguez, supra note 10.

300 Id. Rodriguez, a CENSEL lawyer, also works at the Departamento de
Defensoria and is the only lawyer willing to handle cases through to trial.

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2005] Violence Against Women in the Dominican Republic 87

for women, as well as more progressive and less traumatic medical
examinations. Unfortunately, in Santo Domingo, the same police
detachment that houses the Unidad de Abuso Sexual also has an office
established by the Comisionado de Apoyo a la Reforma y Modernizaci6n
de la Justicia (Commission for the Support of the Reform and
Modernization of Justice), which provides legal aid services and public
defenders to accused persons.30' Women who have been sexually assaulted
or raped will receive counseling in the very same place where their
assailants prepare their defenses.

Law 24-97 has not been supplemented by effective policies or
programs designed to protect women from violence or to help them recover
from violence. For example, Law 24-97 establishes that a Protection Order
can include an order to provide victims and their families with required
health care and counseling services, 302 but in practice this order is
ineffective because there are very limited public or private resources
dedicated to providing these types of services. Furthermore, no shelters are
available for battered women anywhere in the Dominican Republic. 30 3

2. Public Health System

Public hospital emergency room personnel who participated in the
survey were equally unfamiliar with the specific content of Law 24-97 and
held opinions regarding gender-based violence similar to those of the police
officers. 3°0 Most doctors and nurses indicated that their only function is to
provide medical assistance to victims of violence; anything outside the
provision of health care services is considered a police matter. Doctors and
nurses who were interviewed stated that they would only intervene if the
woman herself requested legal assistance or if the woman was "severely"
injured, but even in these cases, the doctors and nurses had little knowledge
of the substantive content of Law 24-97 or legal procedure and would
therefore be of little assistance to a woman requesting help.305

The confusion, misinformation, ignorance, and lack of gender
sensitivity demonstrated by judicial, law enforcement, and public health
care personnel is part of a much larger problem, one that cannot simply be
attributed to the continued prevalence of machismo and patriarchal
structures, or a simple lack of training. Many police are functionally
illiterate or have not completed elementary and high school, and police

301 id.

302 Law 24-97, art. 309-6 ("Orden de suministrar servicios de atenci6n a la salud y

de orientaci6n para toda la familia a cargo de organismos pfiblicos o privados . .
303 Consideration of Reports, supra note 200, at 16.

304 Police Interviews, supra note 32.
305 id.



Columbia Journal of Gender and Law

training does not include in-depth analysis of existing laws and criminal
procedure. 0 6 The posts of public prosecutor, assistant public prosecutor,
judge, and magistrate are largely political posts; individuals are nominated
to these positions based on their political affiliations.0 7 Public hospital
emergency rooms tend to be staffed primarily by medical students
completing their residency and by doctors who only work at the hospital a
few times a month because they run private practices or work elsewhere the
remainder of the time. 0 8 Many hospital "nurses" do not hold a nursing
degree, receive little training, and are intended to assist nursing staff, rather
than replace nursing staff.30 9

Law 24-97 must be supplemented with written directives and
guidelines to assist police, hospital workers, public prosecutors, and judges
to adequately support and assist survivors of violence. Pro-charge and pro-
prosecution policies should be studied and implemented.

D. Popular Perceptions of the Administration of Justice

The need for continued reform of the judicial system results in a
generalized, popular distrust of the Dominican legal system. A survey
conducted in 1993 by the firm MERCADESA in the city of Santo Domingo
found that approximately sixty-seven percent of respondents felt that the
Dominican justice system functioned badly or very badly. l When asked
which sector of society presented the biggest obstacle to judicial reform,
32.6 percent indicated the government (then headed by Joaquin Balaguer),
12.6 percent the political parties, 11.6 percent the drug traffickers, and 11.2
percent the Supreme Court of Justice."

A February, 1999 survey conducted by the Proyecto de
Modernizaci6n de Tribunales concluded that approximately sixty-eight
percent of respondents believed that the judicial process had improved since
1997.1 Nevertheless, most people thought that serious problems still
plagued the administration of justice. Approximately sixty percent of
respondents believed that men and women did not receive the same
treatment under existing legislation and before the courts, while fifty-three

306 Interview with Rodriguez, supra note 10; see also Interview with Mena, supra

note 62.
307 Id; see also Interview with Henriquez, supra note 8; see also Interview with

Ntdfiez, supra note 9; see also Interview with Pifieyro, supra note 63.
308 Interview with Nfifiez, supra note 9.

309 id.
310 G6mez, supra note 207, at 345.

311 id.

312 Id. at 355.

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2005] Violence Against Women in the Dominican Republic 89

percent perceived that skin color was also a factor.31 3 When asked the
reasons for not seeking judicial recourse, 20.8 percent responded that it was
a waste of time, 18.8 percent indicated that legal costs rendered the process
too expensive, 17.4 percent feared police and other members of the judicial
system, and 16.8 percent noted that they did not understand the procedures
involved.

31 4

CONCLUSION

The Pan American Health Organization (PAHO), in its Strategic
and Programmatic Orientations 1991-1994, identified gender-based
violence not only as a public health problem but also as a "hidden obstacle
to socioeconomic development and a flagrant violation of human rights."3 '
As mentioned above, to date there has been no systematic study of the
effects of this type of violence on the health, productivity, and general well-
being of Dominican women, their families, and their communities.
Nonetheless, studies conducted in other Latin American countries, as well
as in market economies, provide some insight into the possible
consequences of gender-based violence on individual victims and on
society in general. One observer notes, for example, that the impact of
violence on health is clear and often drastic:

Rape and domestic violence account for significant numbers of
deaths and disabilities among women of child-bearing age.
Women victimized by violence not only may sustain bruises,
wounds, broken bones, loss of hearing, retinal detachment,
sexually transmitted diseases, miscarriage, and even death, but
they also may suffer from chronic stress and related conditions
such as hypertension, diabetes, asthma, and obesity. Frequently,
as a consequence of both physical and psychological abuse,
women suffer chronic headaches, sexual disorders, depression,
phobias, and persistent fear. In addition, they often have low self-
esteem, which directly affects their productivity in the workplace
and ability to report the abuse and seek protection.316

The impact of violence against women on the health of women and
their families produces other consequences. It negatively affects the
economic and social well-being of entire communities and, in turn,
undermines processes of development and democratization. To date, there
has been no investigation into the impact of violence against women on

313 1d.

314 id.

315 Shrader & Sagot, supra note 27, at 5.
3 16

id.



Columbia Journal of Gender and Law

society and development in the Dominican Republic. Nevertheless, studies
from other countries indicate that sexual and physical abuse lowers
women's income between three and twenty percent because such abuse
undermines health, educational achievement, and ability to enter and stay
in the labor market. 31 7 In market economies, the most common form of
gender-based violence, family violence, accounts for almost one year of
life lost for every five years of healthy life among women aged fifteen to
forty-four.

3 1

Furthermore, violence against women that is condoned by the state
calls into question that government's commitment to democracy. When the
state refuses to respond to violence against women, women are denied their
right to fully participate in the social, political, and economic development
of their country. The result is a system marked by discrimination,
inequality, and injustice which denies women access to the resources of the
state and prevents them from contributing to national processes of
development and social change. A passive state, in effect, is one that
condones the abuse of human rights. Violence against women threatens the
liberty, dignity, security, and other rights of affected individuals. As one
commentator has written, "[m]any types of family violence are, in fact,
forms of torture, imprisonment in the home, sexual terrorism, or
slavery.

319

In an effort to combat violence against women, the Dominican
Republic has enacted criminal legislation, Law 24-97, and has begun to
institutionalize the procedures, policies, and structures necessary to support
this legislative initiative. But there is still much to be done if the
government means to comply with international obligations. Violence
against women still occurs at unacceptable rates and victims remain unable
to access the justice system and other services, such as health care.
Protection, support, guarantee, and enforcement of women's rights cannot
be excluded from the more general attempts being undertaken to modernize
institutions, deepen the democratic commitment, and end poverty through
economic development.

3 17 id.
3 1

9 Id.
3 19 id.

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