Case 999
Mots-clés
Parcours procédural du dossier
1st Instance:
Tribunal Oral Federal en lo Criminal de Comodoro Rivadavia
Comodoro Rivadavia
03/ 2010
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
On October of 2008 the victim, who lived with her grandmother, was persuaded by her aunt to live with her and her husband in order to help them to take care of their daughter.
This activity lasted for only a short period of time, once remained proved that the real intention was the sexual exploitation of the victim.
Her uncles, obliged her to have sexual intercourse with several men in exchange for money, which they had the control.
The victim’s mother has psychiatrics disorders and she has no longer a father, for these reasons the victim was raised by her grandmother, however the victim described her grandmother’s house as a very promiscuous place, they always received unknown visitors and she had to share a room with five other people.
In all victims’ testimonies during the trial she was very strong and unambiguous, she asserted several time her unpleasantness of living on her grandmother’s house, the fact that her family members drank too much alcohol and that she was molested by her grandfather and visitors few times.
Frais/Réclamations/Décisions
Article 145 ter Penal Code
Article 145 ter Penal Code
The trial judge ruled as follows:
“The first criminal act that the defendants were accused of practicing was the capture and exploitation of their own niece (the minor M.S.) on their home by taking advantage of her situation of vulnerability.
The victim was offered by her uncles, to third parties, to have sexual intercourse with her in exchange of money in her own uncles’ house, lining up this situation as a situation of sexual exploitation of a minor.
The abduction of the minor occurred when she was approached by the defendants to move to their house under the guise of caring her daughter. Once in their house, she was obliged to have sex with different men.
Second important element was the scheme of coercion and threats that the victim was submitted to and the obligation to have sexual intercourse with her own uncles and strangers, such practises by its intensity and extension vexatious, constitute an outrageous submission.
These facts describe the consumption of the crime of trafficking a person under 18 years old with the aggravating of having been made by a person with bond and in a situation of closeness (Article 119, paragraphs 1, 2 and 4, inc ter and 145 Penal Code)
At this point, the Court asserts that the conduct of George and Natalia Andrea constituted the crime of trafficking a minor aggravatted by taking advantage of a position of vulnerability, situation of closeness in a dregree of co-authors.”
Source/Citation
Judgment - Com_Rivadavia_fallo
Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina