During Monday afternoon it was learned that the Brazilian justice system handed down a sentence of 6 years in prison in a semi-open regime against the actor Juan Darthésafter the complaint filed by the actress Thelma Fardin for the events that occurred in Nicaragua in 2009 at a time when both were on tour within the framework of the global promotion of fiction Ugly Duckling.
After the ruling, from the Argentine Association of Actors and Actresses A statement was published named Justice for Thelma. In it, they detail: “Our colleague’s decision to report the crime and the work of those who should investigate and punish show that violence against women, historically invisible, has ceased to be a private problem and has become a State issue. ”.
“This ruling issued in the sister country confronts us with the unacceptable setbacks that our government has been carrying out in terms of gender policies, whose head has spoken out against women and LGBTBIQ+ groups, promoting the repeal of all the measures implemented to guarantee real equality and recognition of the human rights of groups in vulnerable situations, legitimizing hate speech and denying discrimination and violence against women,” they expressed.
Finally, they highlighted: “We accompany Thelma in all instances of this fight and ratify our commitment to eradicating gender violence in any area of life, and in artistic activity, with the aim of achieving a world of work free of violence and harassment.”
After the appeal, a new instance arrived, and in the last hours the Justice of Brazil revoked the first instance acquittal ruling and condemned by majority this Monday Juan Darthés to 6 years in prison for the crime of statutory rape against Fardin. For this reason, he was sentenced to serve his sentence in a semi-open prison, however, The actor will not go to prison, since he has the chance to appeal the conviction. If the sentence is final there, he will only go to sleep in the prison and can leave during the day.”.
In exclusive chat with Teleshowthe actress’s lawyer, Carla JunqueiraI affirm that “We consider this a victory., we consider yesterday’s decision a very important precedent, not only for Thelma, but for cases of sexual abuse, by making it clear that the demand for physical evidence in cases of abuse is illegal, it goes against legislation and jurisprudence. Now we remain firm, they are going to appeal and we will present reasons for those appeals and hope that the sentence becomes final. If we have to fight until the last moments, we will do so so that the precedent remains firm and there is no setback in that sense,” said Junqueira.
It should be remembered that the initial complaint was filed in the Specialized Unit for Crimes against Gender Violence of the Public Ministry of Nicaragua on December 4, 2018. Days later, on December 10, the accusation became public in a press conference supported by the group Argentine Actresses, where Thelma detailed the events in an emotional video: “The only adult actor traveling in the group was 45 years old. One night he kissed my neck and I told him no, he grabbed my hand, made me touch him and told me: ‘Look how you look at me’, making me feel his erection; I kept saying no. She threw me on the bed, pulled down my shorts and gave me oral sex. I kept telling him no. She put her fingers in me. I told her: ‘Your children are my age,’ but she didn’t care. “She climbed on top of me and penetrated me,” she said, and from there the slogan arose. “#Lookhowwelook”.
Just two days later, Darthés provided a report to Mauro Viale: “I am dead; They can’t kill me twice, the only thing that interests me right now is telling my truth because I want people to know it: I never did that, I never raped and I never harassed anyone.”, and then clarify: “I don’t know what happened to Thelma. I can assure you that she knocked on my room door to enter because she wanted to change the card because it didn’t work, and I took her out of my room; I told her ‘You’re crazy! What’s the matter? You have a boyfriend, I’m a big guy, and I was the one who told her that my children were the same age as her, but, for God’s sake, how can I do something like that?
The judicial process lasted more than four years, involving three countries: Argentina, Nicaragua and Brazil. During this time, Darthés He moved to Brazil, avoiding extradition protected by Brazilian legislation that prevents the surrender of its citizens for common crimes, according to what was publicly stated by his lawyer. Fernando Burlando.
During the trial, which began in November 2021, psychological and psychiatric tests carried out by Fardin in three countries, which confirmed signs of trauma compatible with sexual violence. However, the sentence issued in May 2023 determined that there was insufficient evidence to prove carnal access, despite considering the victim’s testimony “credible.”
Fardin then questioned the court’s decision. “Only 1% of cases of sexual abuse are convicted,” while he acknowledged: “The ruling says that the sexual crime is proven, that he performed oral sex on me and that he penetrated me with his fingers. So what are you waiting for? What are they asking of children, to film themselves when they are being abused? Since she couldn’t say that she was lying, she had to say that she wasn’t enough,” said the actress.
