Bill advocated by Alejandro Muñante aims to penalize women reporting domestic violence

In a move that has sparked controversy, Congressman Alejandro Muñoz presented Project No. 11561 on June 12, aiming to add Article 402-A to the Penal Code. The proposal modifies Law No. 30364, the Law to prevent, punish, and eradicate violence against women and family members, to consider false denouncement as an aggravating penalty.

The proposal penalizes "false accusations" in family violence cases, including violence against women and family members, with prison sentences ranging from three to six years. However, human rights organizations have raised concerns about the potential impact of such a measure.

In a joint statement, Promsex, Amnesty International, DEMUS, and the National Coordinator of Human Rights warn that the proposal constitutes a direct threat to women's right to access justice. The Manuela Ramos Movement has also rejected Congressman Muñoz's project, expressing concern over its potential to weaken Law 30364.

The organizations emphasize that a judicial process not concluding with a favorable sentence does not mean the woman's testimony is false. They argue that not all denunciations result in a conviction due to structural factors. According to the ENDES survey in 2024, only 29% of women who suffer violence report or seek help from state institutions.

Initiatives like Muñoz's could discourage seeking help and potentially lead to an increase in femicides and other gender-based crimes, according to the human rights organizations. In 2024, 162 femicides occurred, with approximately 50% of the victims being women who had previously reported aggressions.

As of 2025, Women Emergency Centers (CEM) have attended over 168,000 cases of violence and carried out over 99,000 preventive actions. The statement from human rights organizations rejects any legislative measure that aims to reverse the fight against gender violence.

On June 13, environmental organizations and community groups opposed Congressman Alejandro Muñoz's project due to concerns about environmental degradation and threats to local communities. This issue, however, does not seem to be directly related to the proposed modification of Law 30364.

The Women and Family Commission, where the initiative is being discussed, is presided by Congresswoman Milagros Jauregui. Jauregui has a legislative history that includes projects criticized by human rights sectors, such as the derogation of therapeutic abortion and proposals against comprehensive sexual education and gender equality focus.

The statement from human rights organizations does not mention any earlier bullet points regarding environmental concerns. The debate over the proposed modification of Law 30364 continues, with human rights organizations urging for a reconsideration of the measure to ensure the safety and justice for victims of gender-based violence.