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In 2018, the young Ainara, being a minor, was sexually abused by five other minors who left proof of it in a video that they broadcast on the networks and among their contacts. The Youtubeuse YosStop then addressed her eight million followers in a video in which she described the recording of these events, which is why she has been in prison since last week on charges of child pornography.
She could get a sentence of up to 12 years for these fees. And although The attackers of Ainara They are also already reported and wanted by the authorities, with everything and proof of rape, the maximum sentence would be five years in prison.
Why them only five years old and Yoselin 12? Because they were all minors when said attack on Ainara occurred. While the YouTuber was of legal age when she boasted of having in her possession the video of the sexually assaulted victim.
Ainara’s lawyer, Javier Schütte, said in an interview with Radio Formula, Monday afternoon, that the attackers were between 16 and 17 years old at the time of the images, which will explain, in this case, that the one known as YosStop ends in a penalty higher than that of the attackers.
He also noted that the person who was responsible for recording these images would be charged as a co-participant in the crime of equal rape, as well as pornography because he was the one who made and broadcast the video of a minor being raped.
However, he recalled that minors accused of the offense of pornography, according to the youth justice which applies them, are not subject to any measure of detention, unlike those accused of equal rape who would reach a sentence of up to at 5.
On the other hand, he indicated that Yoseline tried to appeal for free speech noting that by this right he had made the description of Ainara’s video, even argued that his words had a journalistic accent.
But for the victim’s lawyer such an argument it lacked validity since, he reiterated, it had not been made public until YosStop made it known on his YouTube channel. Likewise, the defendant indicated that, because she described the images in great detail, it is considered that she had stored and reproduced the recording considered to be child pornography.
“Yoseline acted under the expression of a crime which would imply the exercise of a right, arguing that it was about a right to freedom of expression, far from it. It was not a lawful exercise of freedom of expression which of course admits limits, it was the commission of a crime with which we are facing a fact, which until the moment the video was published by the ‘accused was not a public fact, unlike now which is a topical fact», The lawyer told Azucena Uresti.
Ainara, after all she went through, not only when she was raped but what happened later, she decided to denounce her attackers and the youtuber, the latter for the moral damage she caused and to have the video in question in its power.
Ainara S.’s legal team presented a factual complaint to the FGJCDMX Specialized Sexual Crime Prosecutor for the offenses of equal rape and child pornography, provided for in articles 175 and 187 of the Penal Code applicable in the capital of the country.
Yoselin H. was arrested on the night of June 29 at her home in the Narvarte neighborhood of Mexico City. She was taken to the Santa Martha Acatitla prison where she will remain as they have placed her in preventive detention. She could be sentenced to at least 12 years in prison.
But there is one point that continues to spark collective outrage: she has already been arrested, but, And when are the aggressors? They are not physically identified. At least not in public. What They are reported and there is evidence of their sexual assault, they are believed to be wanted by the police.
Ainara Suárez’s legal team, Schütte and Delsol Gojon Abogados, They celebrated the arrest of Yoselin H. and assured that they will seek their client to get the justice she deserves.
“This is not only the criminal case against the one who was investigated for the crime of (child) pornography, but also the failure of the investigation by the pornography offenses, assimilated rape and what results v Axel A., Carlos R., Nicolás B., Julián G., Patricio A. and QRR“the law firm said on its Twitter account.
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