The sentence reversed the decision that a judge made in June 2020.
According to a ruling of the Constitutional Court of Colombia, victims of sexual abuse will be able to viralize complaints against their aggressors on social networks.
Thus, the dozens of publications that appear on Facebook with the numeral #sexual harassment, accompanied by photographs of the alleged aggressors, have the green light in Colombia by order of the highest court, known this Friday.
The Court considered that the impact that the alleged aggressor “may suffer as a result of the publication is less than the impairment that” the victim would suffer if “his ability to report the facts were limited.”
The court that oversees compliance with the Constitution made the decision after evaluating an appeal for protection filed by a citizen.
According to the ruling, a woman denounced an ex-sexual partner and college classmate on Facebook for having abused her, taking advantage of the “state of weakness in which she was” due to the “consumption of alcohol and other psychoactive substances.”
“In August of last year I was a victim of sexual abuse (…), it was a very difficult situation for me and my mental health and out of fear of many things it took me two months to report it,” says the publication that according to the sentence, it was shared 240 times and received 488 likes.
The man, who alleges that the meeting was consensual, denounced the violation of his rights “to honor and good name” and demanded “to delete the publication in question, rectify the information contained therein and ask for public excuses.”
The Court found that “the victims of a crime have the right to freely and publicly denounce the facts they suffered”, since it is considered that they do so from “their personal experience”, “the full conviction that the denounced facts caused them harm concrete “and” it must be presumed that he is acting in good faith. “
For the court, the “condition of a woman who was allegedly a victim of sexual violence” merits “special” protection.
The sentence reversed the decision of a judge in June 2020, which had ruled in favor of the citizen.
In Colombia 18,054 people went to the forensic authority for alleged sexual abuse in 2020. Of these, 15,470 were women. (I)
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