Mariana Ferrer Case: Justice acquits a businessman accused of raping a young man in a nightclub for “lack of evidence”; The result causes a stir on the web: understand

09/10/2020 Brazil, Sports



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Late in the afternoon of Wednesday (9), Judge Rudson Marcos, of the 3rd Criminal Court of Florianópolis, acquitted businessman André de Camargo Aranha, accused of raping blogger Mariana Ferrer in 2018, in a traditional club of the capital of Santa. Catherine. The State Prosecutor’s Office (MPSC) dismissed the complaint for “lack of evidence.”

The case took place on December 15, 2018, but was made public in May 2019 by Mariana herself, who reported having been doped and then raped at the Café de la Musique beach club, where she was serving as an ambassador. “It is not easy having to come here to report this. My virginity was stolen along with my dreams. I was drugged and raped by a stranger at a beach club called ‘safe and reputable’ in town ”, exposed it for the first time.

Last year, André de Camargo Aranha, who works in sports marketing and has a very high purchasing power, was prosecuted by the Civil Police for raping vulnerable people. According to the magazine Marie Claire, the examinations carried out by the authorities showed that there was a carnal conjunction in Mariana’s case, that is, a complete or incomplete introduction of the penis into the victim’s vagina. In addition, the 43-year-old man’s semen was found in the influencer’s panties, and the victim’s hymen ruptured.

Even so, the court accepted his version that he never had physical contact with the young woman. The magistrate accepted the defense of the businessman, led by the criminal lawyer Claudio Gastão da Rosa Filho, and understood the absence of “Overwhelming evidence in the file to corroborate the accusatory version”.

Mariana Ferrer reported her case for the first time in 2019, when she presented her painful story. (Photo: Playback / Instagram / Twitter)

“Therefore, as the evidence on criminal authorship is contradictory in itself, there is no way to impose criminal responsibility on the accused, since, repeating an old liberal saying, ‘it is better to acquit a hundred guilty than to convict an innocent person.’ The acquittal, therefore, is the most successful decision in the case under analysis, respecting the principle of doubt, in favor of the accused (in dubio pro reo), based on art. 386, VII, of the Criminal Procedure Code “, justified the magistrate.

The broad judgment analyzed the investigation carried out by the VI Police Station for the Protection of Children, Adolescents, Women and the Elderly, in a 3000-page investigation, where 22 witnesses were heard – five of them more than once – in addition to the accused and the plaintiff. of the complaint. At one point, the document describes a video from the day of the crime, in which Mari appears descending the stairs of the reserved area where she is said to have been raped.

Despite the fact that the young woman appeared leaning against the walls, Justice considered that “In the present case, the mentioned evidence is not sufficiently certain to justify the conviction”. Surprisingly, the magistrate believed that “The offended person throughout the journey maintains a firm posture, normal gait, with excellent psychomotor response, aligned hair and clothing and, even with high heels, is able to use the telephone device during the journey”.

“Therefore, in my opinion, the victim’s report does not have sufficient security or plausibility to authorize the conviction of the accused. Despite the knowledge that the internal jurisprudence is dominant in the sense of validating the reports of the victim, as preponderant evidence to support the conviction in crimes against sexual dignity, in which the oral evidence should receive greater validity, it is also verified that said testimony must be corroborated by other evidence, which is not verified in the case file, since the victim’s version leaves doubts that were not resolved., described the sentence.

In the sequence, the magistrate registers that there are “controversial versions” of the case and, therefore, it would not be possible to judge those who lacked the truth. He points out that Mariana’s account would be a “Isolated evidence in the records, corroborated only by his mother”. “The version is not in harmony with the other evidentiary elements collected during the criminal investigation, which raises doubts about the criminal practice in question.”the judge pointed out.

“Given this, there is no way to convict the accused of the crime of rape, when the statements of all the witnesses and other (expert) evidence contradict the accusatory version”, finalized the document.

André de Camargo Aranha was prosecuted for “vulnerable rape” in 2019, in the case of Mariana Ferrer. (Photo: Playback / Instagram / Twitter)

On social media, Mariana has not yet commented on the case. The businessman’s lawyer celebrated the conclusion in a statement. “Justice was served, we demonstrated in the file that there was no evidence that could hold our client responsible for a violation that he did not commit”said Claudio Gastão da Rosa Filho. There is still an appeal to the sentence.

Web outrage

As soon as the sentence was released, several Internet users mobilized to ask for # JustiçaPorMariFerrer again. In their publications, the victim’s supporters were outraged by the justification given by the Public Ministry for “lack of evidence” and speculated whether the businessman had been favored by his money and social position.

“He had semen from Mari Ferrer’s rapist, video, impression of conversation, but the justice acquitted him of the crime for LACK OF EVIDENCE! Then they ask us why women just don’t report the abuse or why we fight so hard. “declared a young woman. “I am sorry for Mariana Ferrer, who has suffered a series of reprisals for reporting a crime of which she was a victim. Her denunciation is even a point off the curve and the test of her courage in facing a system created entirely to protect rich and misogynistic white men. “activist Stephanie Ribeiro lamented.

“The case of Mari Ferrer is a defeat for all women. She was raped, she has a video, she has a conversation, she has an exam that showed that she had the rapist’s semen in her and that she was drugged to remain unconscious. Being a woman in Brazil is having a goal on your back “, educated the educator Débora Aladim. “And the rapist of Mari Ferrer who was acquitted for lack of evidence: there is a video; has semen; he has proof of adulteration from his exams. And he: has money “summed up one Twitter user.

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