Domestic and intimate partner violence

The law decrees that a judge shall determine, for a defined period of time, the inclusion of the woman in a situation of domestic and family violence in the registry of assistance programs of the federal, state and municipal government. (Article 9). Article 10-A sets guidelines on how the victim's assistance will be handled by the police authority and guarantees specialized police and forensic care to be provided by previously trained officers - preferably female.

The law states that a judge may determine, within 48 hours, urgent protective measures (suspension of the aggressor’s license to carry weapon, removal of the aggressor from the home, keeping distance from the victim, among others), depending on the situation. (Article 18 and 22). In addition, the judge may, when necessary, impose other measures to protect the victim, such as direct the victim and her dependents to an official or community program of protection or assistance, or return of the victim and her dependents to their home after removal of the aggressor, among others.

The Maria da Penha Act alters the penal procedure code to allow the judge to order preventive custody when there is risk to the physical or psychological integrity of the woman. (Article 42). Article 45 alters the law of criminal enforcement to allow the judge to determine the obligatory attendance of the aggressor in recovery and re-education programs. The Act orders the creation of special courts for domestic and family violence against women with civil and penal competence to address family issues derived from violence against women.

Law No. 13,931/2019 provides for the mandatory reporting of suspected or confirmed cases of violence against women. The law requires that, whenever there are indications or confirmation of violence, the case must be reported to the police authority within 24 hours, both to enable appropriate measures and for statistical purposes.

Law No. 14,149/2021 of May 5, 2021 established the National Risk Assessment Form to be applied to women who are victims of domestic and family violence. The purpose of the form is to identify risk factors indicating the likelihood that the woman may suffer further violence in the context of domestic or family relationships. It functions as a tool to support the work of law enforcement agencies, the Public Prosecutor’s Office, the Judiciary, and protection and assistance networks in managing identified risks.

Law No. 14,541/2023 establishes the creation and uninterrupted operation of Women’s Police Stations (Delegacias Especializadas de Atendimento à Mulher – Deam) to provide specialized law enforcement services for women who are victims of violence. The law requires these stations to operate 24 hours a day, seven days a week, including weekends and holidays. Assistance must be provided preferably by female police officers in private rooms.

Law No. 14,857/2024 amended Law No. 11,340/2006 (Maria da Penha Law) to establish confidentiality of the victim’s name in cases involving crimes committed in the context of domestic and family violence against women. The measure strengthens protections for the victim’s privacy and dignity by ensuring that their identity remains confidential throughout judicial proceedings.

The law defines and prohibits acts of domestic violence, including sexual and moral violence, which do not result in death. Moral violence consists of publishing content that offends the honor or character of a woman. The penalty for domestic violence is established according to the rules of the national Penal Code. The law also includes community service as a potential penalty. The penalty for “non-consensual sex” is six months to two years imprisonment.

Mrs. Lesia filed an application for relief against her husband, alleging that he abandoned his family, abused her, and was attempting to sell their home without her consent. She alleged that she built and paid for the home, and so sought to have her husband enjoined from selling it. The court issued an interim order granting the requested relief. The defendant disregarded the court order, continued his efforts to sell the home, and threatened to kill Mrs.

This law amends Paraguay’s Criminal Code and establishes (among other things) penalties for (i) sexual harassment, article 133; (ii) domestic violence, article 229; (iii) sexual coercion, including sexual abuse without intercourse, article 128; (iv) human trafficking, article 129; (v) sexual abuse of defenseless victims, article 130; and (vi) sexual abuse of persons held in custody, children under 14, and/or persons under guardianship –articles 130, 131, 135, 136, 137 and 230.