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Chitchat Rapist acquited of raping 17 yr o, video, BEST Rape Defence Ever! SG52 learned

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Mexican man cleared of raping 17yo girl because he didn’t ‘satisfy his sexual appetite’
Published time: 29 Mar, 2017 12:28
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Mexican man cleared of raping 17yo girl because he didn’t ‘satisfy his sexual appetite’
Diego Gabriel Cruz Alonso© Univision Noticias / YouTube
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A Mexican man has been cleared of sexually assaulting an underage girl because he hadn’t “satisfied his sexual appetite” and didn’t intend “to copulate,” a judge in Mexico has ruled.

Diego Gabriel Cruz Alonso was accused of raping a 17-year-old girl in the city of Boca del Rio in Veracruz state some 320 kilometers east of Mexico City in 2015.

Judge Anuar Gonzalez Hemadi ruled on Monday that the crime had not been proven and the man should be immediately released, arguing that, while the man had touched the victim and penetrated her with his fingers, he had acted without sexual intent and was, thus, not guilty of assault.

Cruz Alonso “touched the minor and, at the same time, did not intend to reach a vaginal, anal, or oral intercourse,” the judge’s statement said, as reported by Mexican media.

The judge added that “there is not a single element” that proves “the sexual intent of the accused… Also, the accused penetrated the girl [with his fingers], without performing another type of act.”

He also noted that the “testimony from the minor doesn’t provide any indications – that is, an insinuation, obscene word, proximity, situation – that the [defendant’s] conduct was deliberate sexual abuse with erotic intentions or meant to satisfy sexual urges.”

“Touching or incidental rubbing, be it in a public or private place, would not be considered a sexual act, if the element of intent to satisfy a sexual desire at the expense of the passive subject is absent.”

“It is possible to consider that there was no purpose to copulate,” the judge concluded.

The girl has ten days to challenge the judge’s decision, and her attorney has confirmed that they will do so, while also possibly filing a complaint against the judge.

Cruz Alonso, now 21, was one of four men from wealthy and reportedly politically connected families in the Mexican state of Veracruz that were accused of sexually assaulting a female classmate from their elite private school during a New Year’s party. Two of the other three members of the group, dubbed “Los Porkys” by social media, stand accused of penetrating the victim, who has been identified as Daphne Fernandez Torres.

Reacting to the verdict, Daphne’s father, Javier Fernández, said that “with this legal protection anybody would be able to touch a young girl without penal consequences,” as reported by local media.

“It’s inconceivable. I am surprised and angry. Two years of fighting, battling, of rowing against the current so that they conclude this. They got away with the arrest order and now they are giving him legal protection two years later. This is a joke, it’s absurd,” he said.

In February of 2016, Daphne posted an emotional statement on her Facebook page hoping for a proper investigation of the incident.

“I’m not hiding. I’m not saying anything but the truth. I have nothing to repent,” the girl wrote as reported by the Guardian.

“I’ve gone drinking. I’ve gone to parties. I’ve worn short skirts like many girls my age... and for that I’m going to be judged? For that I deserved what happened?” she wrote.

Later, in April of 2016, her father described the night of the attack for Univision broadcaster.

“She was leaving the club and then she was taken against her will,” Fernandez told Ramos. “She was forced to get in a car with these four individuals. You already know their names... And they take her against her will, they drive away, and on their way to their destination they begin to sexually assault her. They later take her to a house, where they consummate the act,” he said.

The Monday ruling has provoked outrage from human rights activists. Estefania Vela Barba of the Center for Teaching and Research in Economics said that “since there was no pleasure in the act, it was intended to cause humiliation.”

“He sexually touched her, but because he didn’t enjoy it, it’s not sexual abuse?...They were touching her, they were bothering her, so for the judge, if the intention wasn’t pleasure, it’s not sexual assault,” she added.

The judge’s decision was also slammed on social media: “This is a serious violation of justice,”“It can’t be,” “And no one will punish such judges?” said angry comments.



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http://www.latimes.com/world/mexico-americas/la-fg-mexico-porkys-rape-20170328-story.html

One of the affluent young men in 'Los Porkys' rape case in Mexico has been acquitted

Kate LinthicumKate LinthicumContact Reporter

A judge has acquitted of one of the three upper-class young men accused of sexually assaulting a 17-year-old girl in a rape case that sparked outrage across Mexico.

The judge said that Diego Cruz Alonso touched a former high school classmate on her breasts and genitals after a party in 2015 but that it amounted to “incidental rubbing” committed without “lascivious intent.”

The ruling Monday by Anuar Gonzalez Hemadi was widely criticized in Mexico, where the case had already been cited by many as a symbol of the failure of justice in cases of sexual assault and of the impunity of Mexico’s powerful elite.

“Justice in Mexico,” tweeted Estefania Vela Barba, a law professor at Mexico’s Center for Research and Teaching in Economics. “It is not sexual abuse, because what he did — touching her and penetrating her — he did without lewd intent.”

The alleged incident happened in early 2015 in the affluent city of Boca del Rio, in the coastal state of Veracruz.

The girl, a 17-year-old senior at an exclusive Catholic high school had attended a party at a club with some classmates. As she prepared to leave, she said she was forced into a black Mercedes by Cruz, then 19, and three of his friends, all sons of wealthy businessmen or politicians and all adults.

She said she was assaulted in the car by Cruz and Jorge Coahuila, accusing them of reaching under her shirt and shorts. She said she was later raped by Enrique Capitaine Marin at his home in an affluent neighborhood a few blocks from the Gulf of Mexico.

The case drew nationwide attention after the girl’s father made public two videos that he recorded after the incident in which Cruz and the other men appear to confess to sexually assaulting his daughter.

“We made a mistake,” Cruz said in one of the videos. Later, Cruz and the others put out a statement saying they were innocent and had been coerced into the apology.

Prosecutors’ long delay in investigating the case drew heavy criticism, and critics dubbed the suspects in the case “Los Porkys,” a reference to a 1981 feature film about the sexual escapades of a group of high school students. The movie title was also invoked in Mexico years ago in another case in which a group of wealthy men went free after allegedly beating a man to death.

Pressure on authorities to act this time increased after extensive media coverage and after feminist activists marched, demanding justice.

Cruz fled to Spain last year and lived there for several months under an assumed identity. He was arrested in Madrid in June by Interpol agents and extradited to Mexico last fall.

He remains in custody. Under Mexico’s legal system, the acquittal must be reviewed by a circuit court judge before he is freed.

Capitaine was detained in March 2016, and is awaiting a ruling in his case. Coahuila is at large. A fourth man was present during the alleged assault but was not accused of taking part.

The victim’s father reacted angrily to the acquittal, saying Tuesday that the judge set a dangerous precedent when he ruled Cruz did not commit a crime by touching his daughter.

“Imagine, any adult can touch any person, of whatever age, and go free by saying it was not lascivious, and that there was no intent to have sex,” he told a radio reporter.

In an interview with the New Yorker magazine last year, the father, who works as a therapist, said he decided to film the confessions of his daughter’s alleged assailants because he does not believe in Mexico’s justice system.

More than 80% of sexual assaults in Mexico are never reported, according to the government’s National Institute for Women, in part because only a small fraction of Mexico’s criminal cases are ever resolved in the courts.

“In Mexico, the last thing the system of justice provides is justice,” the father told the magazine last year. “I knew they would fail us.”
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Cecilia Sanchez in The Times’ Mexico City bureau contributed to this report.
 
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