Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes all forms of rape of men or women, regardless of the relationship between the victim and the accused. Sentences for those convicted of rape range from eight to 12 years’ imprisonment. The law criminalizes domestic violence and provides prison sentences ranging from one to 12 years.
The government failed to enforce rape and domestic violence laws, leading to widespread impunity and reports of increased violence from released offenders emboldened by their release. The NGO Catholics for the Rights to Decide (CDD) reported that there were 69 femicides as of November, most of them committed after the victims suffered sexual violence. The government recognized 15 femicides in the same period, although it reported 36 women killed as of August. Two girls ages 10 and 12 were raped and killed in the north-central region of the country by their mother’s former partner. The mother of the girls alleged the eldest had been raped twice before and that despite reporting it to police, no action had been taken. The government continued to use FSLN-led family cabinets and CLSs in mediation processes in cases of domestic violence. Both processes were politicized and did not operate according to rule of law. The government employed limited public education, shelters, hotlines, psychosocial services, and police training in nominal and unsuccessful attempts to address the problem.
Observers reported a general increase in sexual crimes and violence against women during the year; however, data were unreliable. NGOs working on women’s issues reported that violence against women increased and that police generally understated its severity. The government reported receiving 301 reports of rape, 175 reports of aggravated rape, and 690 reports of sexual abuse between January and August 30, compared with 332 cases of rape, 248 cases of aggravated rape, and 897 cases of sexual abuse in all of 2019. The government reported solving more than 80 percent of sexual violence cases during the year, although a CDD report claimed police generally failed to investigate allegations of sexual violence and abuse. The ruling party did not coordinate with women’s rights NGOs and actively blocked their operations and access to funding.
Sexual Harassment: The law prohibits sexual harassment, and those convicted face one- to three-year sentences in prison, or three to five years if the victim is younger than 18. No information was available on government efforts to prevent or prosecute complaints of sexual harassment.
Reproductive Rights: Couples and individuals have limited rights to decide the number, spacing, and timing of their children; have the right to manage their reproductive health; and had limited access to the information and constrained means to do so free from discrimination, coercion, and violence. Rural women’s access to health care during pregnancy and childbirth was hindered by long distances to city centers and the lack of financial resources. Women in some areas, such as the RACN and the RACS, lacked widespread access to medical care or programs, and maternal death affected poor rural women more than their urban counterparts.
No legal, social, or cultural barriers or government policies adversely affected access to contraception. Adolescents, however, often faced social stigma when seeking contraception methods. No legal, social, or cultural barriers or government policies adversely affected access to skilled health attendance during pregnancy and childbirth.
The government provided limited access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides for gender equality. Nevertheless, women often experienced discrimination in employment, obtaining credit, and receiving equal pay for similar work, as well as in owning and managing businesses. While the government enforced the law effectively in the public sector, women in positions of power faced limitations, and their authority was limited compared with that of men. Enforcement was not effective in the private sector or the larger informal sector.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups reported lack of access to justice and discrimination and lack of response from the NNP. The government and FSLN supporters frequently targeted LGBTI participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTI opposition members were particularly targeted with sexual violence by the NNP, parapolice, and progovernment supporters. In September a lesbian opposition leader was raped and beaten, reportedly due to her political activism. The NNP had not investigated the case as of September. LGBTI activists said political prisoners self-censored their orientation, fearing increased abuse from prison guards. Reliable data on the breadth of such discrimination were not available. No specific laws exist to punish hate crimes against LGBTI persons.
Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were kept with male inmates, forced to strip in front of their peers, and specifically harangued by guards. The law does not recognize the right to gender identity self-determination, and as such the penitentiary system is not required to separate inmates based on gender identity. There were reports of attacks against Celia Cruz, a political prisoner and transgender woman, and the NNP reportedly failed to investigate the cases appropriately.
Although it does not mention sexual orientation and gender identity specifically, the law states all persons are equal before the law and provides for the right to equal protection. No laws specifically criminalize consensual same-sex sexual conduct between adults. LGBTI persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTI organizations continued to complain the law curtailed the rights of LGBTI households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTI households’ access to social security, survivor benefits, and adoption rights.