A judge is in the hot seat after his controversial judgment in the case of a wealthy Mexican man being accused of sexual assault went public. 21-year-old Diego Cruz was found not guilty of sexual assaulting a teen woman because “he did not enjoy it.”
Apparently, Cruz was apart of gang called the “Los Porkys” and was accused of gang-raping the then 17-year-old victim along with three other privileged young men who were a part of the same crew.
The assault took place on New Years’ Day 2015, and the victim claims she was forced into a car by the men, who she says also went to school with her, after leaving a party. She accuses Cruz of touching her breasts and penetrating her with his fingers.
Well even with the damning testimony, Judge Anuar González found Cruz not guilty of assault because Cruz did not have “carnal intent.” In other words, because the assault took place with the intention of just humiliating the victim and not pleasure, Cruz gets off with a slap on the wrist.
To add further insult to injury, the judge also believes that the women was “never helpless” insinuating that the woman could’ve gotten out of the car at any time, even though the victim did testify that she was forced into the car.
“He sexually touched her, he vaginally penetrated her, but because he didn’t enjoy it, it’s not sexual abuse?” Estefanía Vela Barba, an activist on gender issues, told the Guardian.
“Since there was no pleasure in the act, it was intended to cause humiliation. They were touching her, they were bothering her, so for the judge, if the intention wasn’t pleasure, it’s not sexual assault,” said Vela continued.
Last year, the alleged victim also took to FB to share her emotions on life after the rape :
“I have nothing to repent,” she wrote. “I’ve gone drinking. I’ve gone to parties. I’ve worn short skirts like many girls my age … and for that I’m going to be judged? For that I deserved what happened?”
Cruz had been living in Spain since the incident but was extradict back to Mexico the face his charges. Even though the results were less than desirable for the victim and her family, it has definitely brought to light the way the Mexican government treat privileged citizens as if they are above the law as well as it’s biased views on women who have been sexually assaulted
“There’s no disputing the facts,” Vela said. It’s not some crazy woman saying this, it’s coming from the judge’s mouth and he’s saying that if they vaginally penetrate you against your will, it might not be abuse.”
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Source: http://www.telegraph.co.uk/news/2017/03/29/outrage-mexican-cleared-sex-assault-schoolgirl-didnt-enjoy/