Justice expanded measures to protect a vulnerable young woman

Justice expanded measures to protect a vulnerable young woman
Justice expanded measures to protect a vulnerable young woman

The Civil, Commercial and Labor Court of Appeals of Goya intervened in a case involving an 18-year-old girl with developmental delay who was allegedly a victim of sexual abuse.

Following a request to lift a precautionary measure imposed on a man accused of abusing a young woman, the judges rejected the request because it had been filed out of time. However, they decided ex officio to extend the protection measures for the victim.

The magistrates requested that the Forensic Psychology Department of the Judiciary (Goya) evaluate the man who requested the lifting of the restriction, in order to know the current risk situations reported.

They also urged the Public Prosecutor’s Office to determine the young woman’s capacity to receive the support and containment she requires due to her history of psychological abuse and developmental delay. They requested the determination of her real paternal filiation, according to the data provided by the mother.

The measures adopted by the Court of Appeals respond to a comprehensive approach that considers the gender perspective and the protection of the victim of sexual abuse, in accordance with the Comprehensive Protection of Women Law No. 26,485.

Vulnerability and gender violence

The case came to court after it was discovered that the young woman, in addition to have developmental delay, have no schooling and are in a situation of extreme vulnerability.

The judicial proceedings revealed that the young woman suffered from power asymmetries in relation to her environment, which kept her marginalized, unhygienic and at times without housing or food.

The judges stressed the importance of acting ex officio to protect the young woman, who since she was a child has suffered abuse by people she trusted, starting with her mother (also with limited cognitive faculties), her related parent (allegedly addicted to alcohol) and the man accused of abusing her.

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