FALSE ACCUSATIONS OF VIOLENCE AGAINST WOMEN IN BOLIVIA: LEGAL CONSEQUENCES, EVIDENCE, AND DEFENSE STRATEGIES

Author: Rigoberto Paredes Ayllon

The fight against gender-based violence is a top priority in Bolivia, with various legal instruments strengthening the protection of women’s rights. However, in this context, a delicate phenomenon can also arise: false gender violence accusations. This refers to groundless complaints made with knowledge of their falsity, which can severely impact the accused by violating their honor, liberty, and fundamental rights.

WHAT DOES A FALSE ACCUSATION OF GENDER-BASED VIOLENCE ENTAIL?

A false accusation occurs when a person knowingly accuses someone of a crime that did not happen. In cases involving gender-based violence, such accusations can cause serious harm—not only to the falsely accused but also to the judicial system, which becomes diverted from real and urgent cases.

Example:

Suppose a woman accuses her ex-partner of physical assault to gain an advantage in a child custody dispute. If investigations later reveal that the events never occurred and evidence clearly proves the accusation was false, it constitutes a false report subject to criminal and procedural sanctions.

LEGAL CONSEQUENCES IN BOLIVIA FOR FALSE GENDER VIOLENCE ACCUSATIONS

INITIATING LEGAL ACTION AFTER A FALSE COMPLAINT IN BOLIVIA

According to Bolivian law on gender violence, if a complaint is rejected by the Public Prosecutor’s Office or the case ends in an acquittal, the wrongfully accused party may initiate legal proceedings against the person who filed the complaint. This serves as a protective mechanism for victims of unfounded accusations.

CRIMINAL PENALTIES FOR FALSE ACCUSATIONS OR COMPLAINTS

The Penal Code imposes a prison sentence of one to three years on anyone who knowingly accuses another person of a public offense they did not commit. If the accused is wrongfully convicted, the sentence increases to two to six years in prison.

ECONOMIC COMPENSATION FOR FALSE ACCUSATIONS

Beyond criminal penalties, procedural law states that if a case was initiated based on a false or reckless complaint, the accuser must cover all court costs, including attorney fees and expenses incurred by the wrongfully accused party.

HOW TO LEGALLY PROVE A FALSE ACCUSATION IN BOLIVIA

Proving a false accusation requires strong and reliable evidence, such as:

Contradictory witness statements or inconsistencies in the complaint.
Expert reports or technical assessments that refute the alleged facts.
Prosecutorial resolutions rejecting the claim or dismissing the case due to lack of evidence.
Final acquittal rulings that prove the innocence of the accused.

It is essential to seek expert legal counsel to gather and present this evidence effectively.

FALSE ACCUSATIONS AND THEIR IMPACT ON REAL VICTIMS

Recognizing and sanctioning false accusations does not weaken the fight against gender violence—it strengthens it. While protecting true victims, the legal system must also prevent the misuse of legal tools, ensuring due process and fairness for all parties involved.

If you have been falsely accused or require specialized legal defense, do not hesitate to contact us. Our law firm has extensive experience in Bolivian criminal law and will provide you with strong, ethical, and confidential representation.

Frequently Asked Questions (FAQs)

What is a false gender-based violence accusation?

It is a report of violence made with full knowledge that the alleged facts are untrue.

What should I do if I am falsely accused of violence?

You should seek immediate legal assistance. A lawyer can help gather evidence and file a counteraction for false reporting.

Can the person who made a false complaint face legal consequences?

Yes. They may face prison time, be ordered to pay court costs, and be liable for civil damages.

How can I tell if a complaint was reckless or malicious?

If there is no reasonable indication or minimal evidence to support the complaint, and it was made in bad faith or for improper purposes, it may be considered reckless or malicious.

Does an acquittal allow me to sue for false reporting?

Yes, legal action can be initiated based on a rejected complaint, dismissal resolution, or final acquittal ruling.

Bibliography

Plurinational Legislative Assembly of Bolivia. (2013). Comprehensive Law to Guarantee Women a Life Free from Violence
Bolivian Penal Code
Bolivian Code of Criminal Procedure

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.