Lucía Pérez was raped and murdered
The Fourth Chamber of the Buenos Aires Cassation Chamber canceled this morning the ruling in which the accused were acquitted for the death of the adolescent Lucía Pérez in October 2016 in Mar del Plata and ordered a new trial.
The judges Fernando Mancini, Carlos Angel Natiello and Mario Eduardo Kohan they understood that “all the cited extracts of the ruling, and the elements taken into account by the judges, clearly state that it was founded on intolerable prejudices and assumptions based on gender stereotypes”.
By annulling the ruling of the Oral Criminal Court (TOC) No. 1 of Mar del Plata, lThe judges ordered that a new trial must be held to determine what happened that October 8, 2016 around 9 in the morning.
Judges Pablo Viñas, Facundo Gómez Urso and Aldo Carnevale (Photo: Christian Heit)
The Cassation ruling harshly criticized the actions of TOC Nº1. « The court, inexplicably focuses on investigating the personality, attitudes and previous behaviors of the victim, their way of relating to men, their social life, their character, and distinguishing the conduct of the accused, and from there, consider whether Lucía had consented to carnal accessThe judges wrote. And they added: « The androcentrism of law is demonstrated: They ruled out possible sexual abuse with respect to Lucia, because she was a girl with a strong personality”.
Two years after the death of Pérez, the oral trial was held where they were accused of the sexual abuse and murder of the young woman Matías Farías and Pablo Offidani, adults of 2. 3 and 41 years at the time of the event. The accusation they were carrying had been made by the prosecutor Maria Isabel Sanchez, who had argued in front of the media that the girl had been impaled by these two guys.
The judges of TOC Nº1 Pablo Viñas, Facundo Gómez Urso and Aldo carnevale argued their position on five concepts: the bad performance of the prosecutor Sanchez, which conditioned public opinion by installing an « impalement » that did not exist, the private life of Pérez, the chats that the girl had with her friends and with the youngest of the accused in the hours before the event, the autopsy, and the attitude de Farías during the relationship with Lucía and after her death.
Matías Farías and Juan Pablo Offidani (Photo: Christian Heit)
Thus, TOC Nº1 acquitted them of these crimes, but Farias and Offidani were sentenced to 8 years in prison for “possession of narcotics for marketing purposes aggravated by being to the detriment of minors and in the vicinity of an educational establishment”.
Lucia’s family repudiated that ruling and demanded that Farías and Juan Offidani be sentenced to life imprisonment for the femicide of Lucia. Therefore, the prosecutor Carlos Altuve He appealed that ruling in front of the Fourth Chamber on March 6, together with his family, where he was asked to submit to a new oral trial of the two men.
“Those who acquitted these two men defended a cause that is aberrant; that justice must be changed, a person who committed femicide cannot be judged as someone who steals a cell phone« , Lucia’s mother, Marta Montero, had said when leaving a hearing in Cassation prior to today’s ruling.
The prosecutor of the trial that took place in 2018, Daniel Vicente, explained that the incident occurred on October 8, 2016 at 10:30 a.m., when Offidani and Farías, who sold drugs to adolescents near schools in Mar del Plata, took Lucía to a home, where they sexually abused her, after which they left her dead in a medical center far from the city.
Marta Montero, mother of Lucia (Photo: Adrián Escandar)
In that debate held at the end of 2018, the prosecutor requested life imprisonment for both defendants. However, the judges maintained that the sexual abuse or femicide of the adolescent could not be proven and they were sentenced to 8 years for the sale of narcotics.
« The Court relied on gender biases, guiding its reasoning on the basis of stereotypes and preconceptions. The eventual consent was inferred, alluding to the personality of the victim, the small difference in age with the aggressor and his sexual past. These stereotypes are mere dogmatic statements devoid of factual support that disqualify the decision maker as a valid jurisdictional act « , concluded the judges of Chamber Four.
The full ruling:
I kept reading
They asked Cassation to carry out a new trial of the two men who were acquitted for the death of Lucía Pérez in Mar del Plata
Lucía Pérez case: why the judges maintain that there was no sexual abuse or femicide