Introduction
Sexual violence remains a pervasive issue in Colombia, deeply intertwined with the country’s complex history of armed conflict, social inequality, and systemic challenges within its legal framework. This essay aims to explore sexual violence crimes in Colombia through a theoretical and historical lens, focusing on the intersection of criminal law and socio-political contexts. By examining key historical events, such as the Colombian armed conflict, and applying relevant criminological theories, including feminist perspectives and conflict theory, this essay will analyse the drivers of sexual violence and the legal responses to it. The discussion will be structured into three main sections: a historical overview of sexual violence in Colombia, a theoretical exploration of its causes, and an assessment of the legal and institutional frameworks addressing such crimes. Ultimately, this essay seeks to highlight both the challenges and potential pathways for addressing sexual violence within Colombia’s criminal justice system.
Historical Context of Sexual Violence in Colombia
Colombia’s history of sexual violence cannot be divorced from its prolonged armed conflict, which spanned over five decades from the mid-20th century until the 2016 Peace Agreement between the government and the Revolutionary Armed Forces of Colombia (FARC). During this period, sexual violence was systematically used as a weapon of war by various actors, including guerrilla groups, paramilitary forces, and, in some instances, state forces. The United Nations (2016) documented widespread instances of rape, forced prostitution, and sexual slavery, predominantly targeting women and girls in rural communities. Such acts were often employed to exert control over territories, instil fear, and disrupt community structures.
Historically, the roots of this violence can be traced to entrenched gender inequalities and patriarchal norms that predate the conflict but were exacerbated by it. As noted by Amnesty International (2004), women were frequently viewed as symbols of community honour, making sexual violence a strategic tool to humiliate and dominate opposing factions. Furthermore, the conflict’s impact on displacement—over 7 million Colombians were internally displaced by 2016—created conditions of vulnerability, particularly for women and children, who became easy targets for sexual exploitation (Internal Displacement Monitoring Centre, 2016). While the 2016 Peace Agreement marked a turning point, sexual violence has not been eradicated, with continued reports of such crimes in post-conflict regions, often linked to new armed groups and organised crime.
Theoretical Perspectives on Sexual Violence in Colombia
To understand the prevalence of sexual violence in Colombia, criminological theories provide valuable insight. Feminist criminology, for instance, offers a critical lens by highlighting how patriarchal structures underpin sexual violence. Scholars such as Brownmiller (1975) argue that rape and other forms of sexual assault are not merely acts of individual deviance but are rooted in systemic gender power imbalances. In the Colombian context, this perspective is particularly relevant, as societal norms have historically devalued women’s autonomy, often normalising violence against them. This is compounded by the militarised culture of the conflict, where hyper-masculinity and domination through violence were glorified, arguably perpetuating sexual violence as a means of asserting power.
Conflict theory, proposed by scholars like Marx and later adapted by criminologists, also provides a useful framework. It posits that crime, including sexual violence, emerges from social inequalities and power struggles (Vold et al., 2002). In Colombia, the stark disparities in wealth, access to resources, and political power between urban and rural populations have created fertile ground for violence. During the armed conflict, marginalised communities—often indigenous and Afro-Colombian—bore the brunt of sexual violence, as they were caught between competing armed factions. Indeed, the lack of state presence in remote areas often left these communities unprotected, underscoring how structural inequalities contribute to such crimes.
However, while these theories illuminate systemic causes, they have limitations. Feminist criminology, for example, may overemphasise gender at the expense of other intersecting factors such as race and class, which are equally significant in Colombia. Similarly, conflict theory might not fully account for individual motivations behind sexual violence. Therefore, a multi-faceted approach that integrates various perspectives is necessary to fully grasp the complexity of this issue.
Legal and Institutional Responses to Sexual Violence
Colombia’s legal framework for addressing sexual violence has evolved, particularly in response to the armed conflict and international pressure. The 2000 Penal Code (Law 599) criminalises various forms of sexual violence, including rape and sexual abuse, with penalties ranging from 8 to 20 years in prison. Additionally, Law 1257 of 2008 specifically addresses violence against women, recognising sexual violence as a public health and human rights issue. More recently, the 2016 Peace Agreement established the Special Jurisdiction for Peace (JEP), a transitional justice mechanism tasked with prosecuting conflict-related crimes, including sexual violence.
Despite these advancements, significant challenges remain within the criminal justice system. Impunity rates for sexual violence crimes are alarmingly high, with estimates suggesting that less than 10% of cases result in convictions (Human Rights Watch, 2017). This is partly due to underreporting, driven by stigma, fear of retaliation, and lack of trust in authorities. Furthermore, the judicial system is often under-resourced, particularly in rural areas, where access to legal representation and forensic services is limited. The JEP, while a step forward, has faced criticism for its slow progress and perceived leniency towards perpetrators, raising questions about its effectiveness in delivering justice for victims of sexual violence.
On a positive note, international and local non-governmental organisations have played a crucial role in supporting survivors and advocating for stronger legal protections. For instance, initiatives by groups like the Colombian Constitutional Court have pushed for reparative measures, including economic compensation and psychological support for victims (Corte Constitucional de Colombia, 2008). Nevertheless, without sustained governmental commitment and systemic reform, these efforts risk being piecemeal.
Conclusion
In conclusion, sexual violence in Colombia is a multifaceted issue shaped by historical conflict, societal inequalities, and systemic failures within the legal system. The historical context reveals how the armed conflict entrenched sexual violence as a tool of war, disproportionately affecting vulnerable populations. Theoretical frameworks, such as feminist criminology and conflict theory, provide insight into the structural and cultural drivers of this violence, though they must be applied with nuance to account for intersecting factors. Legally, while progress has been made through legislation and transitional justice mechanisms, significant barriers to justice persist, notably high impunity rates and limited access to resources for survivors. The implications of these findings are clear: addressing sexual violence requires not only legal reform but also broader societal change to tackle gender inequality and systemic marginalisation. Future research should focus on the effectiveness of post-conflict mechanisms like the JEP and the role of grassroots movements in securing justice for victims. Ultimately, a comprehensive, victim-centered approach is essential to breaking the cycle of sexual violence in Colombia.
References
- Amnesty International. (2004) Colombia: Scarred Bodies, Hidden Crimes: Sexual Violence Against Women in the Armed Conflict. Amnesty International.
- Brownmiller, S. (1975) Against Our Will: Men, Women and Rape. Simon and Schuster.
- Corte Constitucional de Colombia. (2008) Auto 092/08: Protección de los Derechos Fundamentales de las Mujeres Víctimas del Desplazamiento Forzado. Corte Constitucional de Colombia.
- Human Rights Watch. (2017) World Report 2017: Colombia. Human Rights Watch.
- Internal Displacement Monitoring Centre. (2016) Colombia: IDP Figures Analysis. IDMC.
- United Nations. (2016) Report of the Secretary-General on Conflict-Related Sexual Violence. United Nations Security Council.
- Vold, G. B., Bernard, T. J., and Snipes, J. B. (2002) Theoretical Criminology. Oxford University Press.
