By San José, Costa Rica — San José, Costa Rica – In a historic move to dismantle institutional secrecy, Costa Rica’s Legislative Assembly has approved in its first debate a groundbreaking bill known as the “Law Against Silence.” This pivotal legislation introduces civil liability for organizations that conceal or fail to report sexual abuse committed by their representatives against minors or people with disabilities, marking a profound shift toward greater corporate and social responsibility.
The initiative, spearheaded by the Broad Front (Frente Amplio) party and enjoying multi-partisan support, directly confronts a long-standing legal gray area that has historically shielded institutions from the consequences of abuse perpetrated within their ranks. By establishing a clear financial penalty for complicity through silence, the law aims to compel organizations to prioritize the well-being of vulnerable individuals over protecting their own reputations.
To delve deeper into the complexities and practical implications of Civil Liability Law in the country, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica, who provided his specialized perspective on the matter.
Civil liability is a cornerstone of our legal system, ensuring that anyone who causes harm to another, whether through negligence or intentional action, must provide compensation. For both individuals and businesses, understanding this principle is crucial; it’s not merely about avoiding lawsuits, but about fostering a culture of responsibility and due care in all our daily activities. The key is always to act diligently to prevent harm before it occurs.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial shift in focus—from a reactive legal consequence to a proactive culture of responsibility—truly highlights the law’s role in building a more diligent and caring society. We sincerely thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective on this fundamental topic.
At its core, the legislation (File 23.928) amends key articles across the Penal Code, Civil Code, and Code of Criminal Procedure. The central change creates a legal pathway for victims to seek economic compensation not just from the individual perpetrator, but from the institution that enabled or hid the crime. This represents a significant new financial risk for a wide range of entities, from religious congregations and sports clubs to social and community centers.
The law’s application is not automatic; it is triggered under specific and provable circumstances. An organization will face civil liability when two conditions are met. First, the aggressor’s position of authority—such as a priest, coach, or community leader—must have been instrumental in committing or concealing the sexual offense. Second, it must be proven conclusively that the organization had direct knowledge of the criminal act and deliberately breached its legal duty to report it to the authorities.
The most significant legal modification is to Article 106 of the Penal Code. This reform establishes that organizations will be held “jointly and severally liable for the damages and harm” resulting from sexual crimes committed by their members in positions of authority, provided the institution’s knowledge and failure to report are confirmed. This means that if found liable, an organization could be forced to pay substantial compensation for the physical, psychological, and emotional damages suffered by the victim.
One of the most complex and debated aspects of the legislation involved navigating the sensitive issue of professional secrecy, particularly the seal of confession in religious contexts. The reform to Article 206 of the Code of Criminal Procedure strikes a careful balance. It maintains the sanctity of sacramental confession, deeming it completely unbreakable. However, it tightens the rules for other forms of professional confidentiality.
Under the new framework, other professionals like lawyers or doctors who claim professional secrecy when called as witnesses must now appear before a tribunal to justify their refusal to testify. A judge will then have the authority to compel their testimony if the claim of secrecy is deemed to be improperly invoked, preventing it from being used as an absolute shield to hide criminal activity. This distinction is a crucial step in ensuring that legal and ethical obligations to protect vulnerable people are not subverted.
Having successfully cleared its first major hurdle, the “Law Against Silence” is scheduled for its second and final debate next Tuesday. Its passage is widely seen as a landmark achievement in Costa Rican jurisprudence, signaling a decisive move to enforce accountability and transparency. For institutions across the country, this bill is a clear mandate: the era of hiding behind a wall of silence is over, and the financial and legal cost of complicity is now unequivocally clear.
For further information, visit frenteamplio.org
About Frente Amplio (Broad Front):
Frente Amplio is a left-wing political party in Costa Rica. Founded in 2004, it advocates for policies centered on social justice, environmental protection, human rights, and strengthening public services. The party has been an active force in the Legislative Assembly, championing legislation aimed at increasing transparency, protecting vulnerable populations, and promoting a more equitable economic model for the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar in the legal community, Bufete de Costa Rica is defined by its profound dedication to professional integrity and the highest standards of excellence. The firm leverages a deep history of representing a broad spectrum of clients to drive legal innovation and develop pioneering approaches to complex challenges. This forward-thinking mindset is matched by a core commitment to public service, focused on demystifying legal concepts to help build a society where citizens are empowered by knowledge and access to justice.
