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The magistrates responsible for trying a rape complaint in the Peruvian town of Ica decided to close the case, including among their arguments the fact that the applicant was wearing red underwear at the time of the attack.
As the local press points out, the court, composed of two women and a man, even went so far as to point out that “ the alleged< personnalité timide >> presented by the applicant >> is not linked to the intimate clothing she was wearing on the day of the events. “.
The judges also referred to a character in the plot called “maximum experience” to conclude that “this type of female underwear is generally used on special occasions for moments of intimacy”, they said. therefore, it can be inferred that the complainant was predisposed to have sexual relations with the accused.
In any event, the arguments supported in this opinion alerted the Office of Judicial Control (OCMA) which, as reported on Monday, will open a preliminary investigation into the case.
For its part, the prosecution has already requested the nullity of the sentence and the opening of a new trial.
Reported facts
As stated in the police report, the events took place in January 2019, when the alleged victim, aged 20, agreed to accompany the accused, aged 22, during an administrative procedure in an institution. .
After that, the man allegedly invited her to a place of entertainment where they were drinking alcohol. The complainant pointed out that the alleged perpetrator had urged her to drink constantly and that after just one glass of wine she passed out. Upon awakening, she found herself undressed on a bed at the home of her alleged attacker.
In the contested court decision of the Ica court which acquitted the accused, the magistrates mentioned that the complainant’s testimony contained “omissions”, while the accused maintained that he was accused of “revenge”.
For its part, the Ministry of Women and Vulnerable Populations of Peru rejected the arguments put forward in the judgment, which, in its opinion, contain “stereotypical and revictimizing reasoning”. This department also demanded that the judicial process be focused on relevant evidence and not on intrusive aspects of the victim’s privacy.
24Horas, Rt, América, Youtube.
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