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Panama News - Draft Penal Code changes raise objections from women's groups

Women's rights groups all over Panama are currently protesting proposed changes to the Penal Code that are being considered by the National Assembly at present. The new proposals have brought about anger and protest from these groups, because of the following changes that could take place in the near future:

  • A proposal has been made to roll back some changes made in recent years with regard to rape laws. The proposed changes would allow an adult, charged with having sexual relations with a minor to avoid criminal penalties by promising to marry her. Certain distinctions that the current laws make between various types of sexual assault would be repelled should the proposal be passed.
  • One off domestic violence would be legalized due to the law changing to require a 'pattern of conduct" for wife beating to become a prosecutable act.
  • An increase in the penalty for a woman having an abortion has been proposed, with the penalty rising from between 1 to 3 years to between 2 to 4 years in prison.
  • A proposal to add a new crime of 'Harming a foetus' is also being challenged. This does not define, but which could arguably send a woman to prison for drinking or smoking during pregnancy

Female politicians from both the opposition and PRD caucuses and First Lady Vivian Fernandez de Torrijos, who were involved in ousting former National Ombudsman Liborio Garcia, due to accusations of domestic violence, have maintained a cautious silence on these proposed changes. It is likely that the changes to abortion and harming a foetus law may cause a row between the Catholic Church and many Panamanian Women.

These proposals have not come from legislature, but from the Penal Code Reform Commission, appointed by President Torrijos. The proposals were then reviewed by the presidents Cabinet Council before being sent to the National Assembly for approval.

It is possible that the legislature's justice committee may amend the proposals to make them less inflammatory, which appears to be high on the agenda for women in both governing and opposition caucuses. It is likely that if the sexual assault or domestic violence laws are approved, unchanged, a large and unpleasant confrontation could emerge featuring many of the protagonists of the Liborio García affair.

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