was acquitted a man accused of abusing his sister-in-law hipoacusica and pregnant it was acquitted by a court challenge this Wednesday, August 15.
The suspected of raping a 22-year-old in a place near the Neuquén town of Zapala in 2016 was sentenced to 6 years in prison in the first instance. However, after the appeal of the defense, the new ruling outraged the victim’s family.
Now, after the presentation made by the Prosecutor’s office, the Superior Court of Justice (TSJ) must determine whether there was consent by the young woman and if you have maturation delay, as the skills indicated.
The case was discovered at the end of 2016 by the mother of the girl after warning that this had not had her period.
«Are denounced 5 months after that happens the fact. «The mother asks for your period, because he had not used wipes, and the girl told him that he had not spent anything, and after many comings and goings mother denounced because it takes her to the hospital and they warn that you are pregnant, so the girl ends up denouncing» , said the judge’s Impugnación Alejandro Cabral, one of those who reviewed the first sentence.
And he added: «the Declaration of the girl does not arise I said that I didn’t want to have sex. Here is says that he had the ability to freely indulge the relationship but to urge the criminal action, which is somewhat more complex.»
Hence, from now on, the TSJ must define if the victim suffers maturation problems, and if there was consent or not.
In the first instance, the judges Jorge Alberto Criado, Leandro Nieves and Liliana Deiub had pointed out: «even though the woman did not want to, (the man) took advantage of the situation of vulnerability of the victim, who could not and can not freely consent the sexual action due to its loss-making physical conditions caused by hearing loss, related to maturation problems and intellectual level with mild cognitive impairment to moderate».
Zapala Neuquén violated pregnant young
hipoacusica, 22 years