Rape case filed because the victim was wearing red underwear on the day of the attack

The judges of a court in the region peruvian
de Ica filed a complaint for rape filed in 2019 by a 20-year-old girl on the grounds that the complainant was wearing red underwear.

The information was confirmed by the Prosecutor’s Office after local media indicated that the court, made up of two women and a man, considered to discredit the accusation that “the alleged personality that she presents (shy) is not related to the intimate garment that used the day of the events. “

The judges also mentioned that there would be “omissions” in the plaintiff’s testimonies, while the defendant maintained that he was accused “for revenge.”

After these arguments were made public, the Office of Control of the Magistracy (OCMA) reported this Monday that it will initiate a preliminary investigation of the case, while the Prosecutor’s Office requested the nullity of the sentence and that a new trial be opened.

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The Public Ministry pointed out that the resolution was taken last Thursday by the members of the Southern Zone Transitory Supraprovincial Collegiate Criminal Court in an open process in Ica, a city located about 300 kilometers south of Lima, for alleged violation
against a 22-year-old man.

The magistrates included in their arguments that “the maxim of experience” indicates that the use of “this type of female underwear is usually used on special occasions for moments of intimacy.”

“For what (which) leads to infer that the victim had prepared or was willing to have sexual relations with the accused,” they added.

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Given this, the Second Office of the Second Provincial Corporate Criminal Prosecutor’s Office of Ica requested the nullity of the sentence and the start of a new process in another court.

The provincial deputy prosecutor, Carlos Guillermo Yalle, filed an appeal “for a better study and due evaluation of the evidentiary activity to be adapted; nullity is declared and a new trial is ordered before another court with due guarantees against the accused.”

The Ministry of Women expressed, for its part, its “profound rejection” of the arguments of the magistrates and considered that “they are not in accordance with current national and international norms as they contain stereotypical and revictimizing reasoning for the complainant in the case” .

“The eradication and punishment of violence against women can only be possible with an impartial judiciary that is aware of its fundamental role in order to eradicate rape and discrimination based on gender,” he emphasized.

The OCMA reported, for its part, that it coordinates with its office in the Superior Court of Ica the initiation of investigations into the judges, identified as Ronald Anayhuamán Andia, Diana Jurado Espino and Lucy Castro Chacaltana.

The agency indicated that the necessary elements will be collected to “analyze and clarify” an alleged functional misconduct by the judges, after which it will determine whether to initiate a disciplinary investigation.

This Monday, the president of the Judiciary, José Luis Lecaros, expressed to the head of OCMA, Mariem de la Rosa, his “concern” about this case and urged her to order, “if it is considered pertinent”, control actions.

After hearing this case, members of feminist and human rights groups demonstrated in front of the main headquarters of the Judicial Power of Ica and Lima to reject the arguments used to file this case with a “sexist sentence.”

While the activists displayed red undergarments, the feminist organization Flora Tristan called the resolution “outrageous” and demanded an “investigation and sanction for the magistrates.”

The Ombudsman’s Office rejected, for its part, the “arguments based on gender stereotypes used” in the court ruling and emphasized that “these revictimizing terms must be banished” from all investigation processes.