Judge gives new test to prove sex crimes

The Dominion Post - - World -

MEX­ICO: Pros­e­cu­tors are ap­peal­ing a court rul­ing that dis­missed sex­ual as­sault charges be­cause there was no proof the sus­pect acted ``with las­civ­i­ous in­tent,’' and the judge in the case had been sus­pended.

The rul­ing in the south­ern state of Ver­acruz shocked many in Mex­ico, where the case al­ready had be­come em­blem­atic of the im­punity of­ten en­joyed by wealthy males.

The teenage vic­tim tes­ti­fied she was dragged into a Mercedes car be­tween two young men and was mo­lested

The judge granted to one of the de­fen­dant’s an in­junc­tion to dis­miss the charges be­cause ``an in­ci­den­tal touch­ing or fondling will not be con­sid­ered sex­ual acts, if proof is not pre­sented that it was done to sat­isfy a sex­ual de­sire’'.

Judge Anuar Gonzalez He­madi also said the fact the vic­tim was able to move to the front seat of the car af­ter plead­ing with her at­tack­ers to stop proved she was not ``de­fence­less’', which he claimed the law re­quired.

The Ver­acruz state pros­e­cu­tors’ of­fice said it ``roundly’' dis­agreed with the rul­ing and would ap­peal be­cause ``it vi­o­lates the rights of a sex­ual at­tack vic­tim’'.

The Fed­eral Ju­di­ciary Coun­cil, which is Mex­ico’s court over­sight agency, said that in such se­ri­ous cases, the de­fen­dant would re­main in jail while the ap­peal is de­cided. It said it had opened an in­ves­ti­ga­tion and sus­pended the mag­is­trate.

No charges were brought against the wealthy men in their 20s un­til the girl’s fa­ther started a pub­lic cam­paign de­nounc­ing them.

They be­came known de­ri­sively through so­cial me­dia as ``Los Porkys’', af­ter the 1981 movie about mis­be­hav­ing United States teens in the 1950s. – AP

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