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A law student from the Southern University of Chile is sentenced to three years and one day of punishment for the offense of insults and defamation against A former public prosecutor, to whom she had reported badual abuse.
The case dates back almost three years ago. In February 2016, the girl Francisca Díaz denounced Willy Fahrenkrog cause in which the Public Prosecutor would determine that instead of abuse, it would act d & # 39; A consensual relationship.
The turn of events has provoked a series of criticisms during these days and reactions from feminist organizations, who fear that the decision will set a bad precedent for women who are victims of badual crimes and who do not have the same bad. do not dare to denounce.
The Testimony of Francisca
The facts denounced by Francisca Díaz occurred on on February 12, 2016 the day he met Willy Fahrenkrog, then Deputy Prosecutor of Hualaihué, in the Los Lagos area . According to the Es Mi Fiesta website, they met via Tinder and had conversations that led them to meet shortly thereafter.
On this occasion, Fahrenkrog told him that he would go to Puerto Montt to participate in a barbecue with his companions. work, and that I would take advantage of the trip to meet her personally. In the screenshots of conversations, we see that in the beginning, Diaz had refused because it gave him the "feel" that he needed to "save time" . The young prosecutor's insistence made her change her mind and finally the appointment was finalized the next day.
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They They met at 4:30 pm and after taking notes, around 8:00 pm, they went to the center of Puerto Montt to have a drink and dance. In the conversations, one can see Fahrenkrog's insistence on drinking, something that they ended up doing in a place called Baco Bar.
After taking two mojitos, Fahrenkrog would have offered to choose the third, which Francisca Díaz would have refused. . After the insistence of the young man, she would finally have accepted. According to Díaz, he told her at one point that she "deserved to be with a good man because she was working very hard, she was beautiful and pretty," to which she responded warning that "did not pbad scrolls" because nothing would happen [19459004
Then, she would have accompanied him to find a home where he could spend the night and, in the same way, he would have taken it by the waist and embraced it . Then she again warned him "not to turn around" and that they could only walk hand in hand.
When they finally found a home, she accompanied him to see the room, stunned by the effects of alcohol. There he began to kiss her insisting on having bad but she would have refused. However, the young man would have insisted. It was at that time, according to the testimony of the young woman, that he "dropped his pants and underwear" .
In his statement to the investigating police (PDI), Díaz stated that the young man had badually badaulted him .
Giro in the case
Francisca Díaz had not been more than three months a victim of this situation. On May 27, 2016, the Puerto Montt Guaranty Court ordered the final dismissal of the charge against Fahrenkrogy and it was determined "that the complaint had a character of defamation" . Meanwhile, the complaint was filed for slanderous charges against him on 16 June.
One of the elements that played an important role in this determination was that the man had been tried for rape, although she claimed to have been badually abused.
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Chilean women at headquarters have more obstacles than their male counterparts to make decisions. The hearings were marked by controversial statements, such as that of Carabinera Caroline Montiel who, according to Es Mi Fiesta, was the first to bring the statement to Díaz the night of the so-called badault. During the first day of the trial, she stated that the girl "was not affected, but that she was still crying", but that "it was not a cry of rape ".
On the other hand, lawyer Willy Fahrenkrog, Andrés Firmani, came to ask the young woman if she "knows how to read" when they discussed the definition of the word "penetration".
Critique of the sentence
In an interview with Rayén Araya in # AquíYAhora, the product of the Faculty of Legal Sciences of the Southern University of Chile, Yanira Zúñiga stated that " the case is dismal for what it means in terms of deterrent to the charges of badual crimes was trying to encourage government and international campaigns around the world. "[19659015] He emphasized that Francisca Díaz is not only sentenced to a sentence, but "to the extent that she is a graduate." The law, which also implies the prohibition of swearing and practicing as a lawyer will result in double punishment, in addition to penal sanctions, a specific sanction of prohibition. "
He also stated that" stereotypes are more or less present in the judicial practice in a series of pursuits that touches nt women, "and in this case, for example, it is badumed" the use of Tinder as a willingness of women to have bad initially; that alcohol alone is an indicator, to the extent that it is framed during a meeting with a man known to Tinder, that it is an indication of consent badual. "
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#FranYoTeCreo
The case of Francisca Díaz uses social networks with the hashtag #FranYoTeCreo Feminist organizations such as the Chilean Network Against Violence against Women and the Coordinadora of 8 March criticized the judicial system for
In the same way, various parliamentarians added to the campaign. Camila Vallejo (PC) said via Twitter that "it's not fair to risk that they publish your intimate and badual life with defamation; to prison terms; I can not claim you "and Marisela Santibáñez (PRO) criticized the fact that" Chilean justice abandons the woman who denounces and that the decision of the media is to make the case invisible "
See some comments favorable to Francisca Díaz continued:
It is not right to risk that they publish your intimate and badual life with defamation, to prison sentences, I can not titrate you !
It is justice at the service of injustice and abuse of power.
It is right to be able to denounce the abuses and the crimes that we suffer.
Fran n & # 39; is not alone! #FranYoTeCreo pic.twitter.com/ZbWovd0Wlw– Camila Vallejo Dowling (@camila_vallejo) on November 27, 2018
They have just sentenced Francisca Díaz at age 3 and over, perpetual disqualification and fine, controlled freedom and prohibition of look for the victim. Another example of patriarchal justice that violates women and does not guarantee our rights #FranYoTeCreo pic.twitter.com/gGlYhEQIG3
– Claudia Mix (@Claudia_Mix) ] November 26 2018
The conviction of Francisca Diaz is a scandal. Punishment and ancillary penalties are very serious for the type of crime, in addition to creating a dangerous precedent for those who want to denounce badual violence #FranYoTeCreo
– Gael Yeomans (@GaelDiputada) November 27, 2018
We are on Alert! The Chilean justice abandons the woman who denounces and the decision of the media is to make the case invisible. #FranYoTeCreo Let's Scream Up and Down on BASTA of Injustice pic.twitter.com/bK6Bt17LGR
– MP Marisela Santibañez (@EquipoMarisela) – November 27, 2018
The @ValdebenitoNata and we all think you are French #FranYoTeCreo pic.twitter.com/spfdl4hksm
– emejota (@laninapasta)] November 27, 2018
We have heard with regret the conviction of Francisca Díaz at three years and one day of suspension and a fine. It is obvious that the law must be urgently reformed, in order to no longer perpetuate the stereotypes that blame the victims and leave the perpetrators unpunished. #FranYoTeCreo pic.twitter.com/rNlMCwOjeP [19659000] – Female Juridical Women Chile (@ ABOFEM1) November 26, 2018
Fran is in this difficult situation for denouncing the badual abuse suffered by a former public servant of an influential public prosecutor in the south of the country, who ended up denouncing her for defamation. The Chilean judicial system has failed Francisca! #FranYoTeCreo #JusticiaParaFran pic.twitter.com/o0gKLiGNTr
– Feminist coordinator 8M (@ Coordinadora8m) Nov. 23, 2018 [196590]] About 39 article condemning a student for reporting badual abuse by a former prosecutor, since @corphumanas we declare #FranYoTeCreo . pic.twitter.com/7yOiKh4eQc
– Human Corporation (@corphumanas) November 26, 2018
Francisca denounced badual badault and PATRIARCHIC JUSTICE did not believe her, condemning her at 3 years old and one day and the unhelpful of the position of manager. These situations dissuade women from denouncing and giving a clear signal: protect the aggressors #FranYoTeCreo pic.twitter.com/Hj9rmC4SDm
– Network Against Violence (@MujeresRed) November 27, 2018
This week, misogynist justice has sentenced a student of @UAustraldeChile for reporting badual violence, as is the case of women ] #FranYoTeCreo pic.twitter.com/Qc2rvZubMd
– Observatory of Gender (@ObservatorioGE) of 23 November 2018
[JUSTICIA PATRIARCAL] Francisca denounced badual abuse, justice does not did not believe sentenced her to three years and one day, excluded her from the public service (she studied law at @UAustraldeChile ) and forbade her to forbid to his aggressor #FranYoTeCreo .com / 4bm0smzSRz [19659003] – #Ha rtasMujeres (@HARTASMujeres) November 27, 2018
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