The Oral Criminal Court of Concepción found guilty of the crime of repeated rape of a 12-year-old girl Jurguen Roca Aguayoson of the former councilor of the Lota commune, Ivan Roca Saez (UDI).
It should be noted that this case was announced in February 2021, and had a great impact both nationally and internationally, due to the comments of the defendant’s father, who pointed out that the girl “had a woman’s body and her appearance was deceiving.” “. What generated the expulsion of the party and the repudiation of citizenship.
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The Court after four days of arguments and presentation of evidence, declared Jurguen Roca -34 years old- guilty of the crime of repeated rape of the minor. This is because the events that occurred between February 1 and 3, 2021 in the home of the accused -Lota commune- were accredited, where the victim attended after being connected by social networks.
Roca acknowledged his responsibility, added to the fact that he was aware of the victim’s age.
defense arguments
From the defendant’s defense they indicated that there was an alleged consent between the victim and the accused.
Given this, the prosecutor Enzo Osorio He pointed out that “there were arguments from his defense regarding an alleged consent of the victim, but we made the court see that this alleged consent could not exist in the case of a victim of such young years.”
This is due to the fact that Article 362 of the Penal Code punishes any person who has sexual relations with a person under 14 years of age, regardless of the fact that there is no force or intimidation in the act.
“This crime is committed by the sole fact that the person has sexual relations with carnal access with a victim under 14 years of age. That circumstance was proven in the trial: the accused knew the age of the victim,” Osorio pointed out.
“We estimate that the sentence should not be less than five years and one day in prison, the defense is asking for a lesser sentence,” he added.
The sentence of the case will be communicated this Monday, February 28. It should be noted that Jurguen Roca has been in preventive detention for a year and has no criminal record.
