Chilean Court Acknowledges Sexual Crimes by Former Archbishop Cox, But Closes Case Due to Statute of Limitations

Original article: Justicia acredita delitos sexuales del exarzobispo Cox, pero sobresee la causa por prescripción

In a ruling that has shocked both ecclesiastical and human rights circles, the Chilean judiciary has decided to dismiss the case against the late former Archbishop of La Serena, Francisco Javier Cox Hunneus, after confirming the commission of multiple sexual offenses against at least seven victims between 1975 and 1988.

The ruling, issued by Minister Christian Le-Cerf Raby of the La Serena Court of Appeals, acknowledges the reality of the abuses— classified as «indecent» under the laws of that time—but concludes that the penal action is void due to statute of limitations, as more than five years have passed since the events.

The magistrate not only confirmed the illicit activities but also starkly described the vulnerable context in which they occurred. According to the ruling, Cox Hunneus exploited his «moral and social influence» as a religious leader to subject his victims — all belonging to the Church he oversaw in Chillán, Andacollo, and La Serena— to «acts of evident sexual connotation.» The abuses took place in closed settings, away from witnesses: areas of Casa Tabor in Chillán, the church in Andacollo, and the archbishopric of La Serena itself. «Without the presence of third parties,» the ruling emphasizes, adding that there were «elements of evidence» supporting the plaintiffs’ accounts despite the secrecy surrounding these crimes.

The judicial investigation only began in June 2018, decades after the first abuses occurred. Cox Hunneus had already passed away in October 2021, leading to a partial dismissal due to his death. However, the court continued to investigate to determine the nature of the crimes and any potential secondary responsibilities. It was during this process that the indecent abuses were confirmed—a classification that the Chilean Penal Code punished with minor imprisonment of any degree—characterized as «simple crimes,» whose prosecution expires after five years, as stipulated in Articles 94 and 95 of the same legal framework.

Final Dismissal Due to Statute of Limitations

Since the events took place between 1975 and 1988, and the formal complaint was filed three decades later, Minister Le-Cerf declared the criminal responsibility extinguished due to the statute of limitations, in accordance with Article 93 No. 6 of the Penal Code. Consequently, the definitive dismissal was issued under numeral 5 of Article 408 of the Code of Criminal Procedure, as reported by the Judicial Power in a press release.

The ruling details the chronological outline of the confirmed episodes: abuses during unspecified dates between 1985 and 1986 in La Serena; between 1984 and 1985 in Andacollo; again between 1984 and 1985 in La Serena; and between 1975 and 1980 in Chillán.

The case of Cox, who was one of the highest authorities of the Catholic Church in northern Chile, adds to the long list of cases involving ecclesiastical figures that end in dismissing for statute of limitations, leaving a deep wound in the victims who see the justice acknowledge their suffering but fail to hold the perpetrators accountable.