Bill would force families of rape, child abuse victims to testify in court

September 11^th, 2014 (InsideCostaRica.com) Rep. Humberto Vargas (PUSC) has presented a bill that would change Costa Rica’s constitution to force family members of rape and child abuse victims to testify in court.

Article 36 of the Constitution currently provides the right for such family members to refrain from providing testimony in court.  The protection extends to family members up to the 3^rd degree of relation to the victim.

The text of Article 36 of the Constitution reads: “In penal matters, no one is obligated to give testimony against themselves, or against their spouse, ascendants, descendants or collateral relatives within the third degree of consanguinity or affinity inclusive.”

Under the current Article, a wife cannot be forced to provide testimony that would incriminate her husband, even in the case of child sexual abuse of their children, as just one example.

Vargas said change is necessary because 90% of these crimes are committed by family members themselves.

The bill would provide judges with the power to force all immediate family of the victim to testify in court and be examined by prosecutors.

Vargas said the bill aims to protect from abuse the “most vulnerable of the population.”