Chilean women prosecuted after clandestine abortion are often reported by the hospitals that treat them.

Abstract

In Chile it is illegal to obtain provide or be associated with an abortion under any circumstance. Findings are presented of an analysis of court cases during 1983-84 and 1990-91 against women who had abortions people who provided an abortion and people prosecuted as accomplices to abortion in Santiago Valparaiso Arica and Temuco. Overall 90% of all people prosecuted were female. 159 of the 221 people involved in the cases studied were women who had had an abortion of whom only 38% had legal representation and 57% spent time in jail before their trial. 8% were younger than age 18 years 61% were 18-29 years old and 26% were 30-41. 43% of the women were married or cohabiting 44% were single and 5% were either widowed or separated. 61% already had 1 or more children. 80% of all cases were reported to the police or courts by someone affiliated with a public hospital typically when a woman presented for medical care due to the complications of an unsafe abortion. No case was reported to the police or courts by a private hospital or clinic. 70% of cases against women accused of having an abortion 62% of those against providers and participants and 66% of those against accomplices resulted in a suspension decree usually because the abortion could not be medically confirmed. 16% of women prosecuted for abortion were convicted of whom 80% and 20% were sentenced to 541 days and 3 years imprisonment respectively. Most were eligible for alternative punishments and spent no time in jail after their trial. The 40% of providers participants and accomplices convicted were usually imprisoned after receiving sentences of 541-1082 days.