Argentine legislative debate over false report penalties

In Argentina, a legislative proposal by Senator Carolina Losada to increase penalties for false reports of gender-based violence and false testimony has drawn significant domestic and international criticism.

Initially, football players Luana Muñoz and Camila Gómez Ares, alongside journalist Agustina Vidal, testified before the Senate’s Women’s Banking Commission. They argued the draft law would criminalize victims and shield perpetrators, citing a 2021 case involving former youth coach Diego Guacci as a precedent. Experts from various gender equality and justice organizations supported these claims, describing the proposal as unconstitutional.

As the debate progressed, the proposal received support from President Javier Milei. In response to criticism, Senator Losada modified the text to remove explicit references to gender violence, instead expanding increased penalties to all “serious intentional crimes” or those involving “vulnerable” victims. This modification includes potential six-year prison sentences for reports that result in the restriction of family or property rights.

The Organization of American States (OAS) Committee of Experts has warned that the initiative could lead Argentina to violate international treaties, such as the Belém do Pará Convention. Human rights organizations, including ELA and CELSE, have also criticized the reform, noting that penalties for false reports could become more severe than those for sexual abuse and could discourage victims from reporting crimes.