Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains how Chilean law treats sexual harassment - or "acoso sexual" - and how the system works locally in Iquique, Region of Tarapacá. Sexual harassment can appear in many contexts - at work, in education, on public transport or in public spaces, and in private relationships. Under Chilean practice, acts of sexual harassment may be addressed through criminal procedures, labor procedures, civil claims for damages, or administrative complaints, depending on the situation and who the respondent is. Local institutions that typically handle reports include the police (Carabineros and Policía de Investigaciones - PDI), the Ministerio Público (Public Prosecutor), labor authorities, family courts and civil courts. If you are unsure about your options, speak with an attorney or a qualified legal advisor in Iquique as soon as possible - procedures, deadlines and available remedies vary with the facts.
A lawyer is often essential to protect your rights, explain options, gather evidence and represent you before police, prosecutors, courts and administrative agencies. Common situations where people seek legal help include:
- Workplace sexual harassment: unwanted sexual comments, advances or conduct that affects job conditions, promotion, pay or causes a hostile work environment.
- Sexual harassment in schools or universities: harassment by teachers, staff or other students that requires institutional or legal intervention.
- Criminal conduct that may include sexual coercion or assault: when harassment escalates to criminal acts, you will need criminal complaint guidance and representation.
- Harassment by third parties in public spaces: harassment by strangers that may justify a police report and civil remedies.
- Cases requiring urgent protective measures: when you fear for your safety or face stalking, a lawyer can help request protective orders and coordinate with authorities.
- Claims for moral damages or termination with cause: where you seek compensation or remedies against an employer for failing to prevent or for tolerating harassment.
- Complex evidence or procedural issues: collecting, preserving and presenting electronic evidence, witness statements and medical reports typically benefits from legal support.
Key legal aspects relevant in Iquique reflect national Chilean law and local institutions - Region of Tarapacá authorities. Important points to understand:
- Dual routes - criminal and civil/labor: Sexual harassment can be pursued as a crime when it involves coercion, physical contact or threats. At the same time, workplace harassment is frequently pursued through labor procedures or civil claims for moral damages. Both paths can run in parallel but follow different rules and remedies.
- Reporting and investigation: Criminal complaints are investigated by the Policía de Investigaciones (PDI) or Carabineros and prosecuted by the Ministerio Público - Fiscalía Regional de Tarapacá in Iquique. Administrative labor complaints are handled by the Dirección del Trabajo - Dirección Regional de Tarapacá.
- Employer duties: Employers have a duty to provide a safe workplace. Employers should have internal policies and procedures to prevent and respond to sexual harassment. If an employer fails to act after a complaint, the victim may pursue administrative sanctions, a labor court claim or civil damages.
- Protective measures: Courts can order protection measures - such as restraining orders or orders excluding the aggressor from certain places - during criminal proceedings or in family and protection proceedings when necessary to safeguard the victim.
- Evidence and medical exams: Medical and forensic examinations, witness statements, electronic messages, CCTV footage and contemporaneous records are important evidence. Time is often critical for preserving physical and digital evidence.
- Remedies: Possible remedies include criminal sanctions for offenders, civil compensation for moral damages, labor remedies including termination with cause or compensation, and administrative sanctions against institutions that fail to prevent harassment.
- Time limits: Prescription periods and deadlines vary depending on whether the claim is criminal, civil or administrative. Because deadlines differ by type of offense and by age of the victim, seek advice promptly.
Sexual harassment generally includes unwelcome sexual advances, requests for sexual favors, sexually explicit comments or conduct that creates an intimidating, hostile or offensive environment. It can be verbal, non-verbal, physical or digital. In a workplace, it may include actions that affect employment conditions. Whether conduct is legally actionable depends on context, frequency and severity.
You can do both. For immediate danger or criminal acts, file a police report (denuncia) with Carabineros or the PDI and notify the Fiscalía. For workplace harassment, follow internal employer complaint procedures and consider notifying the Dirección del Trabajo. A lawyer can advise which route to prioritize based on the facts.
Police will take an initial statement and may collect evidence, including photographs, medical reports and electronic records. The Ministerio Público will decide whether to open a formal investigation. If the prosecutor brings charges, the case proceeds in criminal courts. Investigative steps and the timing depend on the case complexity and available evidence.
Yes. Courts can issue protection measures - such as restraining or exclusion orders - depending on the circumstances. These can be requested as part of criminal proceedings or through family or civil courts in cases involving threats, stalking or repeated harassment. A local lawyer or victim support organization can help you request urgent protective measures.
- Keep texts, emails, social media messages, call logs and screenshots - preserve the original files if possible.
- Note dates, times, locations and names of witnesses - create a contemporaneous timeline.
- If there was physical contact, seek medical attention promptly and request a medical report - it can be critical evidence.
- Do not delete messages or accounts that contain evidence - discuss with a lawyer before taking any action that could affect evidence.
Employers are required to provide a safe workplace and to have procedures for preventing and addressing harassment. This usually includes receiving complaints, investigating promptly and taking corrective measures. Failure by an employer to act can result in administrative sanctions, civil liability for damages and may support a labor claim by the employee.
Yes. Victims can pursue civil claims for moral damages (daño moral) and, in some cases, economic damages such as lost wages if they can show causation. Labor courts may also award compensation when an employer breaches its duties. A lawyer can assess the strength of a damages claim and estimate likely remedies.
Deadlines vary by the type of claim - criminal, civil or labor - and by the nature of the offense. Some criminal actions have longer prescription periods, while civil or labor claims may be shorter. Because time limits can be decisive, consult a lawyer quickly to avoid losing legal options.
Criminal investigations are generally confidential during the investigative stage, but public hearings can be open depending on the court and case. Many institutions working with victims respect privacy and confidentiality as much as possible. Discuss confidentiality concerns with your lawyer and with victim support services.
Options include public legal aid providers such as the Defensoría Penal Pública for criminal cases and the Corporación de Asistencia Judicial or regional legal aid programs for civil matters, as well as non-governmental victim support organizations. Some private lawyers offer initial consultations or payment plans. Contact local institutions in Iquique for guidance on available free or subsidized services.
In Iquique and the Tarapacá region, the following institutions and services can provide assistance or information - contact them locally for current procedures and office locations:
- Fiscalía Regional de Tarapacá - the Public Prosecutor's office that handles criminal investigations.
- Policía de Investigaciones - PDI and Carabineros - local police for making complaints and immediate protection.
- Dirección Regional del Trabajo - Tarapacá - handles workplace complaints and employer obligations.
- Defensoría Penal Pública - public criminal defense and assistance in criminal proceedings.
- Corporación de Asistencia Judicial - provides civil legal aid for eligible persons.
- Servicio Nacional de la Mujer y la Equidad de Género - regional offices or related municipal programs offering support for gender-based violence and harassment.
- Instituto Nacional de Derechos Humanos - regional office for rights-related guidance.
- Local municipal or regional "Centros de la Mujer" and victim assistance programs - offer counseling, psychological support and legal orientation.
- Health services - emergency rooms and forensic medical services for examination and documentation after an assault.
If you are facing sexual harassment in Iquique, consider these practical next steps - act sooner rather than later:
- Prioritize safety - if you are in immediate danger, call emergency services and go to a safe place.
- Preserve evidence - keep messages, take notes of incidents, secure medical records and avoid deleting potential evidence.
- Seek medical attention if needed - medical exams can document injuries and are useful for legal processes.
- Report the incident - file a police report for criminal matters and notify your employer for workplace issues. Consider parallel routes when appropriate.
- Contact a lawyer or legal aid provider - get advice about criminal, civil and labor options, and about deadlines and protective measures.
- Use victim support services - counseling and advocacy services can help you navigate procedures and cope with emotional impact.
- Keep a timeline and copies of all documents - organized records help any lawyer or authority take action efficiently.
Every case is different. This guide provides general information but does not replace personalized legal advice. For precise steps tailored to your situation, consult a qualified attorney or an accredited victim assistance organization in Iquique.
