sONTROVERSIAS INTERPRETATIVAS Y FUNCIÓN FISCAL EN LOS PROCESOS CRIMINALES POR VIOLACIÓN. SANTIAGO DE CHILE (1876-1927)

ABSTRACT In this article we analyze the function exercised by prosecutors during rape proceedings initiated in the Chilean capital, Santiago, between 1876 -after the promulgation of the law that regulated their functions- and 1927 -the year in which they were abolished-. After considering their role as representatives of the interests of society, we seek to delve into their procedural practice relating to a crime whose characterization was not exempt from important interpretative controversies. A crime that, despite being the epitome of male sexual violence against women and girls, maintained a mixed character, located between the public and the private. Through the review of a documentary body made up of laws, doctrine and judicial files, we approach the way in which prosecutors carried out their accusation and investigation functions, asking us about what variables intervened in their arguments and if it is possible to identify reconfigurations, breaks or changes on the observed trends.