Rape and Domestic Violence: The law criminalizes rape and provides penalties from 10 to 18 years in prison for rape. The length of the sentence depends on the victim’s age and other factors, such as the assailant’s use of violence or position of influence over the victim. The judiciary effectively enforced the rape law and provided due process for both victim and defendant. However, rape was underreported due to fear of retribution, further violence, and social stigma. According to the National Institute for Women (INAMU), the rape law applies to spousal rape, although in practice spousal rape cases were much more difficult to prove. Collection of physical evidence in all rape cases presented a challenge. There was only one location in the country that had rape kits to collect physical evidence to be used in prosecutions. The distance women needed to travel to utilize this resource was prohibitive for some. According to the judicial branch’s Statistics Office, there were 1,744 reported rape cases in 2010; ultimately, courts tried 329 cases of rape, 21 cases of attempted rape, and 49 cases of aggravated rape in 2010, and convicted and sentenced 172, 12, and 31 defendants, respectively.
The government continued to identify domestic violence against women and children as a serious and growing societal problem. The law prohibits domestic violence and provides measures for the protection of domestic violence victims. Criminal penalties range from 10 to 100 days in prison for aggravated threats and up to 35 years in prison for aggravated homicide, including a sentence of 20 to 35 years for persons who kill their partners. If a domestic violence offender has no violent criminal record and the sentence received is less than three years’ imprisonment, the law also provides for alternative sanctions, such as weekend detentions and assistance, including referrals for social services and rehabilitation.
INAMU assists women and their children who are victims of domestic violence in its regional office located in San Jose and in three other specialized centers and temporary shelters. INAMU provided protection to 150 women between January and June but reported that, as of May 15, nine women and girls had died from domestic violence. This represented an increase from seven deaths reported from January to May 2010. INAMU maintained a domestic abuse hotline connected to the 911 emergency system and had provided counseling to 3,406 women as of June. In 2010, according to the judicial branch’s Statistics Office, authorities opened 12,510 cases of domestic violence throughout the country. There were 393 cases tried and 196 persons sentenced for crimes of violence against women.
The public prosecutor, police, and ombudsman have offices dedicated to domestic violence problems. During the year INAMU held 12 training workshops for officials from institutions that are part of the National System of Attention and Prevention of Violence against Women. INAMU, together with the presidency, joined a UN media campaign to end violence against women. In November INAMU launched a separate media campaign to educate civil society about the equal rights of women.
Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The law imposes penalties ranging from a letter of reprimand to dismissal, with more serious incidents subject to criminal prosecution.
Reproductive Rights: Individuals have the right to decide freely and responsibly the number, spacing, and timing of children, have information and access safe methods of contraception from public hospitals and medical attention centers, and receive medical care during pregnancy and childbirth. In 2010 approximately 91 percent of women in rural areas received skilled medical attention; in general, according to the UN Population Fund, 99 percent of births were attended by skilled health personnel.
The public health-care system plays a major role in how women access contraception, including sterilization. Women’s lack of access to invitro fertilization remained a contested subject (see section 1.e.). In public as well as private health care, the right to obtain and use contraceptives extends to all members of the population. Patients who pay into the public health-care system receive contraceptives at no additional fee, and 72 percent of women ages 15 to 49 used a modern method of contraception.
Discrimination: Women enjoyed the same legal status and rights as men under the law. The law prohibits discrimination against women and obligates the government to promote political, economic, social, and cultural equality. The government maintained offices for gender problems in most ministries and parastatal organizations. The Labor Ministry is responsible for investigating allegations of gender discrimination. INAMU implemented programs that promoted gender equality and publicized the rights of women. In 2010 the National Institute of Statistics and Census (INEC) reported that women represented 43.5 percent of the labor force. The law requires that women and men receive equal pay for equal work; in 2010 INEC estimated that earnings for women were 91.3 percent of earned income for men.