Veracruz: In a bizarre verdict, a 21-year-old man accused of abducting and raping a schoolgirl was freed by Mexican judge on the grounds that he didn’t enjoy himself.
In an incident which happened on the New Years Eve in 2015, the accused, Diego Cruz, along with four others had abducted the 17-year-old victim and sexually assaulted her, reports Washington Post.
The judge in his verdict mentioned that “although Cruz had touched the victim’s breasts and penetrated her with his fingers, he had done so without “carnal intent” – and so was not guilty of assault”.
Adding to it, judge noted that Cruz “touched the minor and, at the same time, did not intend to reach a vaginal, anal, or oral intercourse”.
In his verdict, judge noted “Touching or incidental rubbing, be it in a public or private place, would not be considered a sexual act, if the element of intent to satisfy a sexual desire at the expense of the passive subject is absent”.
Shattered by the verdict, the victim’s father, Javier Fernández, said that “with this legal protection anybody would be able to touch a young girl without penal consequences,” as reported by local media.
Shocked and angry, the father said, “they got away with the arrest order and now they are giving him legal protection two years later. This is a joke, it’s absurd”.
Meanwhile, speaking out her heart the victim wrote in Facebook post that “I’m not hiding. I’m not saying anything but the truth. I have nothing to repent”.
“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?” she wrote.
Cruz, who belongs to a wealthy family, fled to Spain after this incident was subsequently extradited to Mexico.
