False accusations: The Senate initiates discussion of a bill that penalizes malicious accusations.

Next Tuesday, at 11:15 AM, the Family Commission, chaired by Senator Vanessa Kaiser (libertarian), will begin discussions on the draft law against false accusations. This initiative, authored by Kaiser, along with Senators Andrea Balladares (RN), María José Gatica (RN), and their colleagues Manuel José Ossandón (RN) and Enrique van Rysselberghe (UDI), establishes penalties for accusations, complaints, or lawsuits that are not truthful in matters related to sexual offenses or family matters, among others. It also includes restorative mechanisms. A similar motion was presented earlier this year by a group of deputies, some of whom were affected by these incidents that were never proven, along with actor Cristián Campos, who was definitively acquitted in 2025 of the complaint for sexual abuse filed by his former stepdaughter, Raffaella Di Girolamo. However, that draft law was never put into discussion due to strong opposition in the Chamber. "This draft law does not limit or discourage the reporting of real crimes or offenses, nor does it intend to. On the contrary, it strengthens the system to distinguish between real victims, who dare to legitimately report those who commit an offense or an act that constitutes a crime, and those complaints that are merely instrumental. The requirement of a prior judicial declaration of falsity of this type of instrumental complaint—with standards of intent or gross negligence—ensures that only those who deliberately lied or with manifest negligence are sanctioned," the motion promoted by Senator Kaiser states. At its core, the initiative creates a special, brief, and concentrated procedure before the same court that handled the original case to declare the falsity of the complaint. For this, the person who has been acquitted or dismissed can request the declaration. The timely retraction of the false accuser is rewarded as a significant mitigating factor, thus partially incentivizing the correction of the damage. Similarly, it incentivizes the return of improperly obtained assets. The initiative contemplates penalties ranging from 541 days to 5 years of imprisonment, in addition to fines ranging from 21 to 60 UTM for those convicted of making false accusations. It also establishes a restorative mechanism that includes compensation, removal of records, public retraction, and payment of legal costs. Additionally, it establishes responsibilities for experts, psychologists, medical personnel, and other professionals who, acting with intent or gross negligence, issue false or unsubstantiated reports. "This recognizes that the damage to honor and family ties is not only remedied by the acquittal of the falsely accused," the motion states. "Reporting is a right, falsely reporting is a crime. You cannot use family courts or the Chilean justice system to destroy the bond between a parent and their children. Our goal is to protect real victims, but also to firmly sanction those who manipulate the judicial system for malicious purposes," said Senator Kaiser.