The actor Fabián Gianola was prosecuted this Monday for the alleged crime of simple sexual abuse repeated three times against Marcela Viviana Aguirre and the “prohibition of maintaining contact by any means with the victim” was imposed, according to a court ruling to which Télam agreed.
The ruling of Chamber 7 of the National Court of Appeals for Criminal and Correctional Matters, which revoked a previously issued lack of merit, also decided to work embargo on Gianola’s estate for the sum of 800,000 pesos.
At the same time, the ruling revoked the measure of lack of merit in four events denounced by the actress Fernanda Silvia Meneses.
Gianola was denounced for seven alleged cases of sexual abuse against Meneses and Aguirre investigated by the Specialized Fiscal Unit on Violence against Women (UFEM), in charge of Mariela Labozzettaby delegation of Judge Ángeles Maiorano.
In the first instance, the actor was benefited with the lack of merit, a measure that was appealed by the Public Prosecutor’s Office and the plaintiff Marcela Viviana Aguirre on December 23, 2021, while Meneses did not appeal the order of lack of merit related to the facts for which she was held as a plaintiff.
Gianola was denounced for seven alleged cases of sexual abuse against Fernanda Silvia Meneses and Marcela Viviana Aguirre
In the resolution, it was recalled that the actor is attributed “having sexually abused -through carnal access- a Fernanda Silvia Meneseswho towards the end of 2011 was going through a process of separation from his partner and received him at his home”.
Also of having abused her on September 19, 2016, in the morning, inside Channel 9 television, in another recording in June 2017 and in the dressing rooms of the same channel in August of that year.
The events of 2016 and 2017 occurred during the rehearsal of a sketch entitled “El kiosquito de Fabián” and after one of the recordings of the television program “Hoy Ganás Vos”.
On the other hand, the announcer Marcela Viviana Aguirre denounced that it was abusively touched twice on May 15, 2019 at the Radio Colonia studios and the next day, during the radio broadcast of the program “We are back”, during an advertising session he kissed her on the mouth.
Faced with the woman’s reproaches, Gianola told her: “I’m affectionate, get used to it, because I’m your co-worker.”
The third event against Aguirre, for which Gianola was prosecuted this Monday, occurred during the same radio program on May 22, 2019, an occasion in which Gianola also touched her.
The Court’s ruling stated that, in response to Aguirre’s reaction, who pushed the defendant’s hand away, he mentioned “What? You don’t want to fuck?”
“By virtue of what happened, the complainant said that she left her job on the following May 24 and that she maintained contact with the accused – through the “WhatsApp” application – until the subsequent July 1, “said the resolution.
Nelson Agustin Villavicencioone of the journalists and radio colleague of Aguirre, stated that Gianola was effusive in his relationship with the victim, whom he constantly looked at, threw himself at her and when he greeted her, I tried to kiss her on the mouth.
As regards the facts denounced, according to the judgment the journalist saw the accused touch Aguirre’s legs without any discretionsince the presence of the witness was indifferent to him, “whom he disdained by demonstrating his authority on the radio program.”
The word of the lawyer of Aguirre
Gustavo D’Elia, Viviana Aguirre’s lawyer, said in dialogue with Télam that her client’s complaint managed to “echo” in Monday’s ruling, in which it was confirmed and corroborated that she “is a victim of sexual abuse” .
“With this ruling, it was also confirmed that Judge Maiorano, who ruled the lack of merit in December 2021, was wrong. The order of the magistrate was reviewed and the lack of merit was partially revoked in the case of my client”, he added.
“Today justice spoke and that helps all the victims. The idea of a better justice helps to eradicate the number of cases of sexual abuse that there are today, “said D’Elia.
And I add: “There are new complainants who are encouraged to speak.”
New complainants
One of them is the actress and political leader Mabel Gaginowho last month filed a complaint with the UFEM for sexual abuse that occurred during a theatrical tour in 1993.
Gagino, 71, was a councilor for the Front for Victory and director of Human Rights in the Buenos Aires municipality of Lanús.
Another complainant is Julia Minoa former domestic employee of Gianola, to which is added the accusation of a masseuse from Puerto Madryn, whom the actor harassed during a trip to that city.
On December 16, the Criminal and Correctional Court 49, in charge of Dr. Maiorano, rejected the request for the arrest of Gianola, accused of sexual abuse, requested by the lawyer of one of the victims.
Four days later, Gianola submitted a brief to the Justice in which he “emphatically and categorically” denied the acts of sexual abuse of which he is accused, and described the two complainants as “unscrupulous” who “seeked to establish themselves in the media communication to access greater fame from these mendacious accusations”.
“I never raped her. I have never sexually abused anyone.“, assured in the letter.
The actress Griselda Sánchez also filed a complaint for sexual abuse against Gianola, which is added to those being investigated by Justice, and which was sponsored by Diego Fernando Maradona’s (Dieguito) lawyer, Mario Baudry.
Given the complaints and after the request made by the Actrices Argentinas collective, the Argentine Association of Actors suspended Gianola.
On that occasion, Actrices Argentinas recalled Meneses’s complaint and the action initiated against Gianola before the Justice for “simple sexual abuse” and “sexual abuse with carnal access”, which has been in process for two years and “has resulted in his formal accusation for part” of UFEM”.
The list of accusations of women who claimed to have had very bad interactions with Gianola includes Natacha Jaitt, Fabiola Yáñez, Andrea Ghidone, Mercedes Funes, Miriam Lanzoni, Dallys Ferreira and Sabrina Artaza.
