Original article: El complejo camino de una denuncia de abusos tras la absolución A mother accuses the state and justice system of negligence after a court dismissed key evidence, allowing her daughter’s abuser to go free. Since her daughter disclosed the abuse faced at the hands of her biological father, known by the initials C. A.
C. , in 2018, Daniela Villena has encountered significant obstacles in a judicial system she describes as indifferent. Despite possessing reports from the Legal Medical Service and the Specialized Child Welfare Program indicating severe trauma, the oral trial resulted in an acquittal, leaving the mother in a state of constant alertness and declining health.
The formalization of the facts came after months of psychiatric and psychological evaluations confirming the damage suffered by a child not yet five years old at the time. The Expert Report from the Legal Medical Service concluded that «the current symptomatology, along with the child’s narrative, is compatible with having experienced sexual content in repeated instances. » Villena expresses frustration at how the constant change of prosecutors and the lack of empathy have eroded her hopes for justice.
For the plaintiff, institutional neglect began long before the trial. Throughout 2020, the lead prosecutor refused to meet with her despite having the assessments ready. In January 2021, after approaching the Children’s Defense Office, Regional Prosecutor José Luis Pérez Calaf acknowledged the mother’s right to be informed about the investigation but claimed he could not compel his subordinate to meet with her.
By March 2021, the Defense Office recognized its legal limitations to pressure the prosecution and suggested she appeal to the then-National Prosecutor Jorge Abbott, who never responded to her requests. In her quest for visibility, Villena turned to various platforms for social denunciation. In 2021, El Ciudadano published a video detailing the case under the slogan «No More Impunity!
», highlighting her relentless pursuit of accountability. During this time, she also reported being assaulted by relatives of the accused—her brother, son-in-law, and niece—resulting in injuries classified as “less serious,” reaffirming her commitment to seek justice. However, despite the evident physical marks, prosecutor José Tejería Vargas demanded security camera footage to proceed with the assault case, forcing Daniela to abandon that process.
This complex situation culminated on April 4, 2022, when the Ninth Chamber of the Santiago Court of Appeals rejected a nullity motion aimed at retrying the case. The majority of judges upheld the trial court’s reasoning, which claimed that reparative therapies may have «interfered» with the child’s testimony, creating a victim self-perception inconsistent with reality. Furthermore, the ruling suggested that the mother, having been a victim of abuse in her childhood, might have subconsciously instilled in her daughter a belief of danger and distrust towards men.
Although one judge voted in dissent, arguing that the child’s account was consistent and that the mother was put on trial, the judiciary ultimately reaffirmed C. A. C.
’s legal innocence. In light of the acquittal, Villena emphasizes how her personal history was used to undermine her testimony, suggesting that she induced a nonexistent trauma in her daughter. She also asserts that the court overlooked statements from the child and key witnesses, including her preschool teacher, based on a supposed «family dynamic» disallowing the abuse, even ignoring the accused’s own admissions of having private moments with the girl.
The impact of this process extends beyond the judicial realm; it has shattered the economic and physical stability of the family, who now live in hiding in the south after facing threats and beatings from the aggressor’s family. «I had to sell my car and my food business to pay for lawyers,” explains Daniela, who in October 2023 was diagnosed with severe hypothyroidism due to Hashimoto’s Thyroiditis, along with bilateral thyroid nodules of suspicious ultrasound nature—a stress-triggered autoimmune condition requiring her continual medical supervision and leaving her fearful of inadequately protecting her daughter. Villena harshly critiques the effectiveness of government institutions, stating that despite promises of protection, her daughter has been re-victimized numerous times without any guarantee of a guilty verdict.
To her, the Chilean system has failed to accurately interpret the narrative of a child pleading for no contact with her abuser, prioritizing the defense of a man who has never been responsible for his daughter’s support. Daniela Villena seeks to highlight her daughter’s case as a means to compel the state to address the systemic failures that enabled such impunity. Her fears extend beyond the present, worrying about a future where the abuser could claim rights over her daughter if something were to happen to her.
«I cannot die in peace knowing he has access to her», she concludes with anguish.