Prosecutor Silvia Pereira reported that in a case of “simple sexual abuse” in Trelew, by a grandfather against two granddaughters, a three-year conditional prison sentence was requested.
As detailed by the judicial official, they consisted – in the case of one of the young girls – “of touching over the clothes and another under the clothes”, and of “a kiss that – of course – the victim considered intrusive, – because it is his maternal grandfather who hit him in the neck.”
Both constitute the figure of “simple sexual abuse, which was aggravated by being the grandfather of the girls.” In this context, he clarified “what we did was – as this subject does not have any type of criminal record – reached an agreement for a summary trial, where sand he was sentenced to three years for the aforementioned facts, conditionally”.
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THE CASE
The mother of the minors filed the complaint with the Public Prosecutor’s Office, the corresponding examinations were carried out, both on the victims and the accused, the adolescents testified in the Gesell camera-on-camera mode, this story was validated and subsequently to a search and preparation of a photographic report at the scene.
The Prosecutor’s Office presented the corresponding accusation for “simple sexual abuse.” Prosecutor Pereira believed that “it was not one of the most serious events that we are used to dealing with,” although it was an event of such characteristics that the victims considered it intrusive,” she indicated.
The girls – at the time of the incident – were under 13 years old. In this way, it is classified as the crime of sexual abuse, “that the criminal offense requires that the victim be under 13 years old or that there has been violence or threat. In this case there was no physical violence. There was no threat, but only one aggravating factor, which is the relationship between the young girls and the accused,” Pereira reported.
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TYPES OF SEXUAL ABUSE
The figure of sexual abuse, which is contemplated in the Argentine Penal Code, discriminates three forms of sexual abuse and their corresponding aggravating factors:
“In the figure of ‘simple sexual abuse’, which refer to touching; the figure of ‘grossly outrageous sexual abuse’, which is applied on two occasions, when there is repetition over time and due to the modality of the action, that is, when it goes beyond a simple touch, without actually committing carnal access.
And, thirdly, there is the figure of ‘sexual abuse with carnal access’which is the most serious that the Penal Code contemplates, with its different aggravating factors, such as, for example, due to kinship, due to cohabitation, due to two or more people.
What has been requested of this man is the imposition of certain guidelines of conduct, given that he did not have a conviction record, He received a three-year suspended sentence.the judge was asked to apply several rules, provided for in article 27 of the Penal Code, one of them, for example, is that he be voluntarily subjected to psychological treatment, he recognized the fact that the Public Prosecutor’s Office charged him with. , also recognized the modality of doing it in an abbreviated way and also what it did was renounce the ordinary trial that has the right to have the evidence made and contradicted in the trial.
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And, of course, there was agreement from the legal representative of the young girls and she was satisfied with the conviction and the sentence that had been imposed.“, developed the prosecutor.
