A judge has been criticized in Mexico after a young man from a wealthy family was cleared of sexually assaulting a woman because he did not enjoy the attack.
Diego Cruz Alonso, 21, was a member of an exclusive gang called ‘Los Porkys’ who were the sons of local businessmen and prominent members of society in the city of Veracruz.
They were accused of raping a schoolgirl after she left a party in the early hours of 3 January 2015.
But The Guardian reported that, in a ruling made public this week, Judge Anuar González decided that although Cruz had touched the victim’s breasts and penetrated her with his fingers he had acted without ‘carnal intent’ and was therefore not guilty under Mexican law.
Estefanía Vela Barba, a women’s rights activist, was outraged by the judge’s ruling and told The Guardian: ‘He sexually touched her, but because he didn’t enjoy it, (so) it’s not sexual abuse?’
‘Since there was no pleasure in the act, it was intended to cause humiliation. They were touching her, they were bothering her, so for the judge, if the intention wasn’t pleasure, it’s not sexual assault,’
The victim, Daphne Fernandez, then 17, had attended the same elite private school, Instituto Rougier, as the boys.
The New Yorker reported that she was abducted by the boys from outside Bar PH, a popular nightclub in Veracruz, was bundled into a Mercedes which one of them had been given as a birthday present and was driven to a house in the swanky Costa de Oro neighborhood where she was raped.
The case has become a cause celebre in Mexico where many people feel that it highlights the fact that rich and well-connected defendants are often treated with kid gloves.
Daphne posted on Facebook 15 months after the attack: ‘I have nothing to repent. 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?’
Her father Javier Fernandez subsequently arranged a meeting with them in which the boys apologized and said they ‘were stupid’ and ‘felt terrible’ about what they had done.
But they have since retracted their video confessions and their families have claimed the alleged gang rape never took place.
Mr Fernandez said: ‘My under-age daughter was dragged into a car against her will.
‘She had her liberty taken away from her, she was harassed, subdued, sexually abused and raped.’
The girl’s father says members of the teenagers’ families have started a social media attack on his daughter, denying the rape took place.
He posted an open letter online to look for public support for justice for his daughter.
He wrote: ‘I write this letter, despite the immense pain and shame, to the public so that the family members of those involved assume responsibility for what they have done.
‘Although I spoke to them, although they said sorry for the tragedy, and recognized what had happened, and despite a filmed video showing their sons apologizing, despite all of this, they have taken it upon themselves to attack and defame (my daughter), with the objective of avoiding that their sons taking responsibility for the crimes they committed.’
Daily Mail
