Judges who valued the type of underwear worn by the complainant of rape were suspended

In November 2021, it became known that the judges of the Zona Sur Transitional Supraprovincial Collegiate Court of the Superior Court of Justice of Ica, Ronald Nilton Anayhuamán Andía, Lucy Julliana Castro Chacaltana, and Diana María Jurado Espino, had decided to file a complaint for rape and acquit Giancarlo Miguel Espinoza Ramos used as one of the arguments that the victim wore a red trusa with lace. In March, the Supreme Chief of the Office of Control of the Judiciary (OCMA) partially corrected the fact and suspended the judges.

Supreme Judge Mariem De La Rosa Bedriñana, of the Supreme Headquarters of the OCMA, sentenced a disciplinary measure of preventive suspension in the exercise of all office for six months for using “unnecessarily stereotypical grounds in the sentence of a crime against sexual freedom in the form of rape”.

GENDER STEREOTYPE

The supervisory body of the Judiciary considered that, regardless of the jurisdictional criterion that judges may have or their conviction regarding the responsibility of an accused and their decision, in this case their actions exceeded the limits of jurisdictional independence, contrary to due process, legality and dignity, for affirming in its judgment a 'gender stereotype'.

In addition, they also indicated that judges acted contrary to “guiding principles and fundamental rights such as respect for dignity, equality before the law, and a life free from violence”.

As if that were not enough, another aspect that OCMA considers relevant is that Judge Castro Chacaltana used the computer equipment owned by the judiciary for purposes other than her functions, so that the application of the sanction against her was duly substantiated.

THE COMPLAINT

On January 29, 2019, Espinoza Ramos and the 21-year-old complainant were drinking liquor. The young woman would have told him that she no longer wanted to drink, but he insisted. After drinking one more glass of wine, she completely lost consciousness and became unconscious. It would have been at that time, where the accused took advantage of her and outraged her. The young woman woke up the next day next to the defendant. She pushed him and fled the scene. He went to his house and told his mother. Together they went to denounce.

At the trial, the aggressor's defense lawyer, Paúl Muñoz, tried to justify the fact by claiming the color of the victim's underwear and that she “liked social life”.

According to the ruling, the victim's personality “is not related to the intimate garment she wore on the day of the events, because by the maxim of experience, this type of feminine underwear is usually worn on special occasions for moments of intimacy, so (which) leads to the inference that the injured party had prepared or willing to engage in sexual relations with the accused”.

For this reason, they decided to acquit Giancarlo Miguel Espinoza Ramos of the crime of i, for which he had been denounced. However, on January 3, 2021, the First Criminal Chamber of Appeals and Flagrance of Ica declared the sentence that acquitted the defendant null and void.

SEXUAL VIOLENCE AND HEALTH

Only 5% of victims of sexual violence go to a health service, according to the Ministry of Health (Minsa). For this reason, this institution announced in March of this year that it is working in prioritized hospitals to form interdisciplinary rapid response teams that ensure comprehensive and rapid care for victims of sexual violence.

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