Once upon a time, there was a model and a journalist... Or, the paradox of legislation against the trans community in Peru
At the beginning of last July, a new scandal brought the trans community back into the public eye. The beautiful Afro-Peruvian model Javiera Arnillas, tired of transphobic comments on her social media, revealed a curious incident with one of the authors of those comments.
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At the beginning of last July, a new scandal brought the trans community back into the public eye. The beautiful Afro-Peruvian model Javiera Arnillas, tired of transphobic comments on her social media, revealed a curious incident with one of the authors of those comments. In a TikTok, Javiera revealed that she had kissed a prominent ultra-conservative journalist. The model explained how, in a famous bar in the Barranco district (one of the coolest neighborhoods in the world according to Time Out magazine), she was approached by the young Francisco de Piérola, who, attracted by Arnillas' beauty, couldn't resist coming over and flirting with her. After a few minutes, the two kissed in front of everyone in the bar. It wasn't until Javiera returned to her group of friends that she discovered who the handsome young man was.
Pancho Piérola is a well-known TV host and digital journalist, he has worked as a broadcaster for several mass media, including Canal N and Bethel Televisión, the latter affiliated with one of the most influential evangelical groups in Peru. De Piérola became famous especially for his right-wing political orientation, particularly his opposition to abortion and LGBTIQ+ rights in the country. In response to the Arnilla controversy, he firstly tried to deny the accusation, but some witnesses posted a picture where the couple is clearly visible a few minutes before the controversial kiss.
A few days later, De Piérola was fired from the evangelical channel and, due to public pressure, he came out to give his testimony. According to Pancho, he was drunk that night and doesn't remember exactly what happened. For the ex-Bethel host, Arnillas took advantage of his weakness to trap him with her feminine gender expression. For him, the photo served as clear evidence that Javiera intended to entrap him, with the 'caviares'—a local term for woke individuals—standing behind her. Unsurprisingly, other members of the extreme right came to his defense, including Vanya Thais, who referred to Javiera and her supporters as invertidos, asserting that they were merely attempting to inflict unwarranted damage on De Piérola.
Following the viral spread of Javiera's TikTok, social media erupted with transphobic comments and homophobic jokes targeting the journalist. Moreover, a nationally popular comedy show amplified the controversy by mocking stereotypes of Afro-Peruvian people and trans women. In their fictional parody of the kiss, Javiera was portrayed seducing the presenter and leading him, presumably to a bathroom, to take advantage of him. However, I believe this incident reflects the broader realities faced by trans women in Peru today— especially since May 2025, when Law No. 32331 was enacted, establishing that pubic bathrooms only can to be used according the "biological sex".
It is true that, as in other countries, Peru has experienced a fairly strong conservative revival. To be honest, it would be fairer to say that Peru has a long conservative tradition. For example, in the 20th century, we were one of the last countries to allow women (1955) and illiterate people (1979) to vote. For some experts, Peruvian conservatism is due to factors such as the influence of traditional elites and the church(es). These elements are currently waging a fierce “battle” against gender equality and the LGBTIQ+ community.
Peru is widely recognized for its gastronomy, Machu Picchu, and its position as one of the most socially conservative countries in Latin America. According to a 2020 IPSOS survey, more than 65% of Peruvians identified as conservative or semi-conservative. This sociopolitical landscape mostly explains why, in 2023, Peru was reported to have the highest gender inequality gap in South America. It also underscores why the country remains one of the few in the region lacking comprehensive legal protections for the LGBTIQ+ community, like legislation on same-sex marriage, gender identity recognition, and hate crimes.
This lack of legal protection contributes to increased levels of violence against LGBTIQ+ individuals, particularly trans people. According to official data from the Ministry of Justice and Human Rights, between 2012 and 2021, there were 84 documented cases of violent deaths involving LGBTIQ+ victims, 37.5% of whom were trans. Data from the Observatorio de derechos TLGBI at Cayetano Heredia University further indicate that, between 2020 and 2023, trans women were the group most affected by human rights violations in the LGBTIQ+ Peruvian community. During this period, thirty cases of transfemicide were recorded, underscoring the persistent and extreme violence to which this population is exposed. The reality is that, in Peru, trans women constitute a community living under constant threat.
Despite this broader context, powerful conservative forces in Peru continue to portray trans people as a threat to society. National Congess members such as Jorge Montoya (a retired admiral), Milagros Jáuregui (an evangelical pastor), and Alejandro Muñante have publicly characterized trans women as desviados and potentially dangerous to the public. For these legislators, incidents like the one involving Francisco de Piérola and Javiera Arnillas are cited as examples of such perceived danger. Currently, legislating based on prejudice is socially unacceptable; however, some authorities instrumentalize the idea of 'protecting children' to violate trans people rights. As several scholars have noted, throughout the 20th century, various countries have sought to impose moral control by placing children at the center of public debate about gender. It is from this rationale that Law No. 32331, officially titled the 'Law for the Protection of Children and Adolescents,' emerges.
Although the law is intended to protect children and adolescents, Article 5.1 within it constitutes a direct restriction on the rights of trans people. Rooted in baseless prejudices, the provision establishes that “any person whose biological sex does not match the sex for which the public restroom has been designated is prohibited from entering or using such facilities.” Thus, the law institutionalizes a clearly discriminatory practice based on an essentialist misconception of gender that disregards the right to self-perceived gender identity. This provision not only perpetuates harmful stereotypes but also undermines constitutional guarantees of equality, dignity, and non-discrimination.
As many activists have pointed out, this regulation is not only transphobic, but also represents an explicit form of persecution against the trans community. It is particularly concerning because it further exposes trans individuals to heightened levels of violence. Today, it seems that Peruvian authorities are legislating against transpeople, driven by unfounded prejudices. Despite the lack of empirical evidence or statistical data identifying trans individuals as a dangerous group, the most conservative members of Congress continue to advance laws that restrict their right to self-determination. Under the guise of religious principles, these lawmakers violate the integrity of trans people and expose them to greater risks in a society where they are already subject to systemic violence.
It seems that in Peru, being close to a trans person is a justification enough for experiencing ridicule or even danger. But still, trans people bear the worst of this violence. Law No. 32331 reinforces the myth of “trans dangerousness” and opens the door to new forms of discrimination in public spaces. In doing so, this law omits a fundamental truth: the trans community does not represent a risk; on the contrary, it constantly lives in danger.
References
3B Hostal. (2021, 19 de septiembre). Peru’s Barranco: One of the world’s coolest neighborhoods. Recuperado de https://3bhostal.com/perus‑barranco‑one‑of‑the‑worlds‑coolest‑neighborhoods/
Arnillas, J. (2025, 6 de Julio). [@lajavi.arnillasof]. Hola Pancho de Piérola. TikTok. .https://www.tiktok.com/@lajavi.arnillasof/video/7523946720338660616
Jacqueline Fowks (2013, 28 de julio). “Perú es el país más conservador de América Latina”. El País. https://elpais.com/internacional/2013/07/28/actualidad/1374984316_637603.html
Fiorani, Ettore. (24 de diciembre de 2020). ¿El Perú es conservador? Perú 21. https://peru21.pe/opinion/el-peru-es-conservador-noticia/
Centrum PUCP. (2023, March 22). Perú tiene la brecha de género más alta en América Latina. Centrum Business Tank. Pontificia Universidad Católica del Perú. https://centrum.pucp.edu.pe/centrum-news/centrum-medios/peru-supera-siete-paises-america-latina-brecha-genero/
Ministerio Público del Perú. (2022). Características criminológicas de las muertes dolosas de personas LGTB en el Perú 2012–2021 [Informe técnico]. Observatorio de Criminalidad, Ministerio Público. https://www.gob.pe/institucion/mpfn/informes-publicaciones/2829986-caracteristicas-criminologicas-de-las-muertes-dolosas-de-personas-lgtb-en-el-peru-2012-2021
Camacho García, G., Forno, M., León Morris, F., Silva Santisteban, A., & Pérez, Á. D. (2024). Informe anual del Observatorio de Derechos TLGBI 2020–2023. Lima: CIISSS‑UPCH, Proyecto Únicxs – Personas Trans por Inclusión Social, Observatorio de Derechos Humanos TLGBI. Retrieved from https://observatoriotlgbi.org.pe/docs/Informe_2020-2023.pdf
Clark, K. (2001). Género, raza y nación: La protección a la infancia en el Ecuador (1910–1945). FLACSO Ecuador. https://biblio.flacsoandes.edu.ec/libros/11396-opac
Ley N.º 32331, Ley de promoción y protección de los derechos de niñas, niños y adolescentes en entornos digitales. (2024). Diario Oficial El Peruano. https://busquedas.elperuano.pe/dispositivo/NL/2398669-1
Camacho, G. (2025, 15 de mayo). En Perú, prohíben a personas trans usar baños públicos acordes a su identidad de género: “Es una ley transfóbica”. Agencia Presentes. https://agenciapresentes.org/2025/05/15/en-peru-prohiben-a-personas-trans-usar-banos-publicos-acordes-a-su-identidad-de-genero-es-una-ley-transfobica/
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