The Collegiate of the Superior Court of Justice of Huancavelica sentenced Emerson CC (24) to 12 years in prison for a case of rape against his neighbor, a 63-year-old woman who has paranoid schizophrenia.
Throughout the judicial process, the technical defense and the accused claimed innocence. Likewise, this result can be appealed by any of the parties within the term established according to law.
According to the approach of the Public Ministry, which was argued by the prosecutor Ángel Contreras, the events occurred in the early hours of October 25, 2019.
YOU CAN ALSO SEE: Huancavelica: Prison awaits them for sexual assault
More than the first 50 minutes of the day in question had passed when the victim was sleeping inside her home and the accused entered the house.
The subject, who was showing signs of having consumed alcoholic beverages, takes advantage of the fact that the lady was alone and begins to insult her.
YOU CAN ALSO SEE: Residents remove the body of a young man who drowned in the river in Huancavelica
It is in this that the aggrieved screams for help, so her daughter and granddaughter come to her aid. Arriving at the old woman’s room, they see the defendant with his pants and underpants down, and he was on top of the lady.
After being discovered, the subject tries to flee, but is held by the victim’s family until the arrival of the Police.
For their part, the technical defense and the accused argued that the young man was drunk that day and that his brothers had locked the door of the house. It is in this that his neighbor (the victim) decides to give him shelter to sleep.
The defendant argues that, being inside the house and lying on the bed, the lady came on to him so he decides to get on top and rub the intimate part of the aggrieved, and that, because he did it hard, the lady grabbed him neck and wounded him, to which he responded with a blow to the head. Because of this, the old woman screamed and her relatives arrived.
Likewise, the young man affirms that he did not know that his neighbor had a mental disability.
Both arguments were evaluated by the Collegiate, which in the end reaches the conclusion that, the defense thesis, does not turn out to be minimally supportable in order to make the principle of presumption of innocence prevail, for which it decides to sentence the accused to 12 years. of deprivation of liberty with an effective nature, for the crime against sexual freedom, in the form of rape.
YOU CAN ALSO SEE: Minor drowned in a tourist pool in San Cristóbal
Also, the sentenced, who is currently a fugitive, must pay 13 thousand soles of civil damages in favor of the victim.
Three judges make up the Collegiate for this case: Hernán Pozo, Amparo Fernández and Marcelino Cárdenas.
