Prosecution Files Charges Seeking 10 Years for Rape and 4 Years for Sexual Abuse Against Former Undersecretary Monsalve

Original article: Fiscalía ingresa acusación y pediría 10 años por violación más 4 por abuso sexual contra Monsalve

The Metropolitan North Prosecutor’s Office has submitted a formal charge against former Undersecretary of the Interior, Manuel Monsalve, through the virtual judicial office, in connection with the crimes of sexual abuse and rape, stemming from incidents that occurred on the night of September 22, 2024, at the Panamericano Hotel.

According to sources involved in the investigation, the document, which has been in preparation for several days, formalizes the Public Prosecutor’s case theory and includes the specific request for sentencing for the former official.

Specifically, the Prosecutor’s Office is seeking a 10-year prison sentence for Monsalve for the crime of rape, along with an additional 4 years for sexual abuse, both involving the former subordinate from the Undersecretariat of the Interior who filed the complaint. As of this edition’s closure, the court had not yet officially processed the charging document.

In the potential event that the Oral Criminal Court convicts Monsalve and this leads to effective imprisonment, the court will weigh the time that the former undersecretary has already served under precautionary measures, including six months spent in pre-trial detention at the Captain Yáber annex and the seven months he has been under total house arrest at his home located in Viña del Mar, in the Valparaíso region.

It is important to note that according to the findings of the investigation led by Metropolitan North Prosecutor Xavier Armendáriz and Santiago Chief Prosecutor Francisco Jacir, the sexual assault allegedly occurred between the night of September 22 and the early morning of September 23, 2024, at the Panamericano Hotel in downtown Santiago, where Monsalve resided, following a dinner with the complainant—a subordinate—at a Peruvian restaurant.

Monsalve was formally charged on November 15, 2024, after his arrest the previous day in Viña del Mar.

New Legal Scenario and Defense Strategies for Monsalve

With the filing of the prosecution’s charges, a new chapter in the process begins, and a new legal timeframe is now in effect.

The Seventh Guarantee Court must schedule a hearing for the preparation of the oral trial. According to procedural regulations, this cannot occur before 25 days and no later than 35 days.

However, the path to the oral trial is not without potential detours. The ten-day timeframe that the Prosecutor’s Office had to file charges was also critical for the defense.

«During that period, Public Defender Víctor Providel could have submitted a request to reopen the investigation, which, as confirmed by this newspaper, was one of Monsalve’s intentions,» reported La Tercera.

This possibility will be discussed at the next preparation hearing, where the court may evaluate a new investigation timeframe if both the prosecution’s charges and the request for reopening are confronted. Additionally, the complainant’s representation, led by attorney María Elena Santibáñez, could also present her own private accusation.

In summary, the timeline is extended, and with new hearings and deadlines, the trial could begin in March, according to the cited source.

Testimonies from Key Witnesses

The case has seen a significant resurgence in the weeks leading up to the closure of the investigation, ordered by Chief Prosecutor Héctor Armendáriz, considering that former members of Manuel Monsalve’s cabinet have returned to provide testimony to the prosecutors.

According to La Tercera, this request was made by the ex-undersecretary’s defense, arguing that previous testimonies did not resolve all questions surrounding the complainant.