ARE YOU A VICTIM OF DOMESTIC OR FAMILY VIOLENCE?

WHAT CAN YOU DO IN CASE OF FAMILY VIOLENCE?

Article 15 of the Political Constitution of the Plurinational State of Bolivia establishes in its first and second paragraphs that: “I. Every person has the right to life and to physical, psychological, and sexual integrity. II. All people, especially women, have the right not to suffer physical, sexual, or psychological violence, whether within the family or in society.” In response to the increasing number of violence cases against women, in 2013 Bolivia enacted the Comprehensive Law to Guarantee Women a Life Free from Violence (Law No. 348), which establishes mechanisms for prevention, protection, assistance, reparation, and punishment for perpetrators.

According to Article 272 bis of Law No. 348, domestic or family violence is defined as any form of physical, psychological, or sexual aggression committed by a family member, spouse, partner, co-parent, or any person with whom the victim has or had an emotional or intimate relationship, regardless of cohabitation. It also includes those in a caregiving or authority role within the household. Offenders may face prison sentences ranging from two to four years, unless the act constitutes another criminal offense.

WHERE TO REPORT DOMESTIC OR FAMILY VIOLENCE?

Since domestic or family violence is considered a criminal offense, it must be reported to the proper authorities. Articles 284 to 289 of the Criminal Procedure Code (CPC) state that complaints may be submitted verbally or in writing to the Public Prosecutor’s Office (Specialized Prosecutor’s Office for Priority Victims – FEVAP) or to the police (Special Force to Combat Violence – FELCV, Article 42 of Law No. 348). In areas where these authorities are unavailable, the complaint may be submitted to a sub-prefect or corregidor, who must then notify the nearest prosecutor.

For verbal complaints, legal representation is not required. However, for written complaints, a formal complaint brief must be submitted to the prosecutor’s office, prepared by a licensed attorney.

WHERE TO SEEK SUPPORT TO FILE A DOMESTIC VIOLENCE REPORT?

Before filing a report, victims may approach organizations that encourage reporting, such as the Municipal Comprehensive Legal Services (SLIMS) if the victim is an adult, or the Child and Adolescent Defense Offices (DNAs) if the victim is a minor. These entities provide psychosocial assessments and, based on the outcome, may support the filing of a verbal or written report with the police or Public Prosecutor’s Office (Article 50 of Law No. 348 and Article 188 of Law No. 548). Victims may also seek assistance from the Plurinational Integrated Justice Services, the Plurinational Victim Defense Service, or Indigenous Community Authorities, as applicable (Article 42 of Law No. 348).

WHAT TO DO IN CASE OF FLAGRANT ACTS OF VIOLENCE?

In cases of flagrancy—when the perpetrator is caught committing the crime or immediately after while being pursued by law enforcement, the victim, or witnesses—an immediate arrest can be made by the police or even by a private individual, who must then promptly hand over the perpetrator to the appropriate authorities (Articles 227 to 230 CPC).

Additionally, direct action can be initiated by calling the police, who are required to intervene, assist the victim, secure the crime scene and any evidence, and proceed with the arrest of the aggressor or detain suspects (Articles 225, 227, 293 to 295 CPC).

HOW TO PROCEED WHEN THE VICTIM SUFFERS INJURIES?