They acquitted the three accused of a gang rape in Puerto Madryn

They acquitted the three accused of a gang rape in Puerto Madryn

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A Chubut court acquitted the three young men accused of group abuse of a young woman in 2012 in the city of Puerto Madrynfor “lack of evidence” and for the benefit of the principle of innocence, which originated incidents of demonstrators with the Police in front of the Courtsthe repudiation of feminist organizations and the advance notice of appeal of the judgment by the attorney general of the province, Jorge Miquelarena.

The official assured Télam that he will contest the ruling “because extraordinary way before the Superior Court of Justice”.

In addition, he stated that he will promote measures for “false testimony” against some deponents since, he said, “we have verified that some they changed their version of the facts from what they had said at the beginning and in other cases they directly expressed reluctance to offer it and were intimidated by the court“.

Prosecution sources valued the prosecutor’s accusatory task Fernando Rivarola for considering that “despite the criticism he received, it was shown that his strategy was the correct one, because if it had been achieved through the abbreviated trial, as the victim wanted, today they would be condemned in fact and would also have had financial compensation “.

“They acquitted the three defendants for lack of evidence, in a unusual and biased ruling because for 10 years the truth was known and known in Puerto Madrynwith a victim who is a survivor due to the mistreatment she received,” said the attorney Veronica Heredia at an impromptu news conference outside the courthouse in Rawson.

The victims’ lawyer announced that she will “continue to make the appeals and all the challenges and in all instances”, after assuring that “the victim was mistreated when she came to offer her last wordsso today’s result doesn’t surprise us.”

The sentence was not officially known due to the secrecy characteristics of the case, imposed by the court itself, made up of judges Ana Karina Breckle, Marcela Alejandra Pérez and María Laura Martini.

to the cry of “That custom of raping is going to end,” several militants from feminist organizations who waited all morning for the ruling were involved in some incidents with the Police in front of the building located at Don Bosco 141, in Rawson, which woke up fenced and guarded by a severe police device.

Thursday was the last stage of the debate, when the parties delivered their final argument in the oral and non-public debate that began on February 24 under strict confidentiality by disposition of the parties and by express instruction of the Court of Justice of the province.

The Multifeminist organization Madryn wrote on her Instagram account: “Three patriarchal judges will remain in memory for representing the horror of the judiciary in Chubut! We repudiate the appalling ruling of judges Karina Brekle, Marcela Pérez, María Laura Martini. This shows that the fact that there are women in justice does not guarantee a fair gender perspective that accompanies survivors.”

“How do we continue now? Can it be continued? What reparation is there for the survivor who had to face this perverse judicial system in addition to a violation? We demand an urgent feminist judicial reform,” they pointed out.

Meanwhile, the Psychiatrist Enrique Stola posted on his Twitter account: “Attention rapists! They can act with impunity in the Province of Chubut, Argentina. Women judges guarantee them the free exercise of sexist power.”

The oral trial for this cause should have started last year, but successive presentations were postponing its start.

The case

The facts occurred in September 2012 in Playa Unión, during a “gathering” of young in the house of the grandson of former radical governor Atilio Oscar Viglione, prior to the spring day celebrations.

However, the The complaint was formalized in 2019 when the victim’s testimony became known through social networks.

Six young people were originally accused of the attack at the scene of the abuse (five formally denounced), who acted when the victim was helpless and unconscious, although only three came to trial, Luciano Mallemaci, Exequiel Quintana and Leandro del Villar, declared innocent due to the benefit of the doubt and the lack of evidenceas described by the lawyer.

The rest were disaffected from the process for different reasons: two because they were minors at the time of the events, and the other because he was able to prove that he was with his girlfriend nearby, but not at the place of abuse.

In the last stretch of the long process, criminal lawyer Verónica Heredia joined the representation of the victim, who today is 26 years old but was a minor when the events occurred.

The complaint filed by Heredia had requested sentences of between 20 and 25 years for the accused, while the prosecution’s accusation – which excludes the charge of carnal access – requested sentences of between 12 and 15 years and the defense, which achieved its mission , the acquittal.

Before this process, Rawson prosecutor Fernando Rivarolawho participated in the investigations, had closed an abbreviated trial agreement with the defendants, although in his opinion he included the term “sexual relief” referring to the action committed by the alleged abusers.

These expressions generated repudiation at the national level and the complaint from Governor Mariano Arcioni demanding his impeachment, but on February 27 passed the Council of the Judiciary of Chubut dismissed the accusations.



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