translated from Spanish: Federal magistrate is charged with raping his ex-partner

It was six months since they had been seen, after a long intermittent relationship, full of psychological violence, which began being extramarital and which two years ago resulted in the birth of a child. But last June, he insisted that he wanted to see his son and threatened to sue the mother if he did not allow coexistence, so they agreed to see themselves on Father’s Day. Instead of celebrating, the day ended with an alleged sexual rape for which today weighs an arrest warrant against him, federal magistrate Adalberto Eduardo Herrera González.
Political Animal had access to the investigation folder and was able to speak to the victim, who will be named only M. to keep his identity reserved.
M. says he never wanted to have a child with her. He still keeps the screenshots of when he told him he would deposit money for her to have an abortion, after realizing that he had missed the pill the next day. And after the little boy was born, he was inconstant with child support and limited to money, so she ended up resorting to a family trial so that the child was entitled to his parent’s 15% salary.
Read: Three CDMX judges are dismissed over issues related to gender-based violence
For all that, he was surprised by the insistence and even threat to see his son again. She agreed to meet, but did not want to leave him alone, so he went with the boy to the paternal grandmother’s house, where Herrera has on the second floor two rooms to sleep and prepared a kind of playroom.
In her statement to the Public Prosecutor’s Office, the victim detailed that Herrera had several sexual approaches that she rejected and evaded. First, he touched her ass, which she was upset about. Another time he showed her penis, to which she replied that it sucked away from her, while the child continued to live with his grandmother and playing at the bottom of the house.
After a long discussion between them, the boy called his mother to get him up and they entered one of the rooms to feed him, as he continues to breastfeed him, and when he finished and the little one fell asleep, the alleged assault occurred, in the same bed they were in.
“He came in with a towel around his waist and lunged at me and said ‘I went to bathe, I don’t smell ugly anymore’ and pounced on top of me, I thought of the boy and his already big mom who is 80. With one hand he covered my mouth and with the other he took off my clothes. I said ‘leave me alone, I don’t want to be with you,'” the statement refers.
M. insists on the person who told Herrera that not several times, that he did make it explicit that she did not want to have sex and that he did not respect his “no”.
Although the medical examination was done three days later, when he went to report, the results confirm the presence of semen, with no visible lesions.
The psychological opinion determined that “it does present psycho-emotional disturbances compatible with the sexual assault it denounces”, observable in people who have been victims of this crime, such as anger, anxiety, feelings of disability, guilt, recurrent thought of the event, fear of being again assaulted, feelings of disgust and dirt, as well as sleep disturbances and appetite. For this reason, he suggested approximately 25 sessions of psychological care.
After the alleged attack that Sunday, he also locked her up. He told her that he could not leave, that he had instructed the security of the private man where the house is so that they would not let her take the child, closed the door of the bedroom and threatened her not to make a fuss. Then she stood by her son, unable to sleep for more than a few hours, when she was overcome by exhaustion at dawn.
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In the morning, even the child’s grandmother asked if everything was okay because she had heard screaming, and she only answered that they had argued and left, not knowing what to do.
Until the two days later and unlike the interest shown in seeing his son, he now told him he couldn’t devote time to him. They argued and she put him in the face that what happened on Sunday had been a violation.
Then he, M., began to insult her, told her that no one would believe someone like her, while he had a respectable career of more than 20 years. She reminded her that they had already had a legal lawsuit earlier this year, because when they ended the relationship, she forced a lock from his apartment to remove her belongings and he sued her for equal violence, so she again yelled at her that she was a thief and even threatened to take custody of the child if she dared to report it.
Still, she armed herself with courage and consulted the Citizen Council for Security and Justice, which advised her and arranged the appointment to go to report to the Sexual Crimes Prosecutor’s Office of the Attorney General’s Office of Mexico City (FGJ-CDMX), on June 24.
The alleged sexual assault was one step further after years of psychological, emotional and economic violence, according to what M. says of the romantic relationship they had over the course of almost a decade.
They met when she was about 27 and he was over 40. He began to approach, to help her with his law studies, invited her to work in the same court, and began a relationship with her, despite being married.
Years later she broke up and although they apparently started a more stable relationship, she recalls telling her that they couldn’t be a couple because it would be a case of nepotism in court, while she knew she was seeing other women and discovered that she was using the dating app Tinder, but always looked for her to see her again and look for sex again.
The arrival of an ordinary son added fights over money, M. explains, because he tried to lower alimony from 15% to 7%, he resisted supporting her if the child had extra expenses, even if he insisted on resuming the personal relationship with her.
Until last January they were definitely done and stopped seeing each other. Over the months and assimilating all the emotional violence he has suffered, it is that M. decided that he would no longer let up a higher level of aggression, such as the sexual one he reported.
“All I want is justice. What I want is for this to come out. I want you to know the truth, who this guy is,” he finally says in a firm tone, after the sobs that at times interrupted his account of what happened.
Sources of the investigation confirmed that with the FGJ-CDMX’s evidence, this week he turned an apprehension order against Herrera.
Political Animal marked his cell phone, but sounded like off or out of the service area. In the Tenth Collegiate Court in Civil Matters of the First Circuit, to which it belongs, although it reopened services since Monday no one answered the telephone. Herrera’s lawyer contacted to offer circumstantial evidence of the series of conflicts in the relationship between them on Wednesday that call into question her narrative.
The Council of the Federal Judiciary (CJF) noted that there is still no official notification of its legal status and until this Tuesday his name continued to appear on the board with his position as federal magistrate.
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Original source in Spanish

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