Death penalty for child rapists in Peru? President Boluarte seeks to reopen controversial debate

By December 17, 2024

Lima, Peru — Following the recent gruesome murder of a 12-year-old girl in Lima, Peru, President Dina Boluarte has publicly stated—on two separate occasions—that there should be no fear in opening the debate about applying the death penalty to child rapists.

“We must stop fearing this discussion, because what is truly terrifying is that our boys and girls continue to be victims of rape and murder. The time to act is now,” she said on December 12 during an official event in the northern city of Piura. The comments come despite Peru being a signatory to the Pact of San José of Costa Rica, which bans the death penalty in participating countries.

On Tuesday, Boluarte had already urged authorities to reopen this debate. “I call on justice authorities, the Attorney’s General Office, and the Judiciary. We cannot allow these kinds of criminals to remain on the streets or benefit from any type of leniency,” she said.

“We should have no tolerance for those who dare to harm our boys and girls, who are the most sacred and untouchable members of Peruvian families,” she added.

In Peru, the death penalty was historically applied to crimes such as treason, terrorism, espionage, genocide, mutiny, and desertion during wartime until 1979. In 1993, it was reintroduced for terrorism-related offenses during armed conflict but was ultimately abolished once again.

Government to consult Peruvians on applying death penalty to child rapists

Following the Council of Ministers meeting on December 10, Minister of Justice Eduardo Arana announced that the government will consult the public on whether to implement the death penalty in these cases.

“This proposal from the president, adopted by the executive branch, will be implemented by the Ministry of Justice and Human Rights. It will be a serious proposal, to be submitted for consideration by citizens nationwide, to determine if the death penalty is appropriate in such cases,” he told the press.

Arana revealed that public hearings will be held at the national, regional, and local levels to gather opinions on the potential implementation of the death penalty. If Peru decides to reinstate the death penalty for child rapists, it would force the state to withdraw from the Inter-American Court of Human Rights due to the incompatibility of the death penalty with the human rights standards required by the Court. This would leave other rights such as integrity, freedom of expression, and property in a position of grave vulnerability.

Arana emphasized that this proposal, championed by President Boluarte, is being handled responsibly by the government and denied claims that it has political motives or serves as a “smokescreen.”

Meanwhile, records from the Ministry of Women and Vulnerable Populations (MIMP) reveal a troubling rise in cases of sexual violence against children and adolescents. In 2019, the ministry handled more than 15,000 cases. By 2021, that number rose to 21,000, and in 2023, it approached 30,000.

SHARE ON

LATIN AMERICA REPORTS: THE PODCAST