A man was convicted of sexually abusing his minor daughter

Based on the active role of the victim, through the figure of a lawyer for the Child, Child and Adolescent, the process took only six months. Among other qualities that the adversarial criminal system presents, it stands out a greater speed in the resolution of the cases and the possibility that the victims participate directly in all instances of the process, whether they are plaintiffs or not.

In the case of trials for crimes against sexual integrity, both benefits are essential in order to provide an agile and efficient justice service. In this way, the re-victimization of people who suffered such crimes is avoided; especially, if it is a question of boys, girls or adolescents.

The victim

This was reflected in the trial in which the Court, made up of Juana Francisca Juarez e Isabel de los Angeles Méndez Y Eduardo Martin Gonzalez, convicted a man of sexually abusing his eight-year-old daughter. The victim was represented throughout the process by a lawyer for the Child or Adolescent (NNA) as the complainant.

“The new Criminal Procedure Code contains an important novelty in relation to the victims of this class of crimes who are minors: the intervention of the Lawyer for the Rights of the Child, or Adolescent in the entire process,” said Dr. Juárez- , from the beginning of the preparatory criminal investigation, through the trial and until its culmination by final final judgment. It is an intervention under the role of plaintiff by rule of law, hereby regulating National Law No. 26.061 (Comprehensive Protection of the Rights of Girls, Boys and Adolescents), and the Convention on the Rights of the Child (CDN ) ”, Added the judge who was in charge of drafting the sentence.

The participation of the “NNA’s lawyer” in this type of case combines the possibility that victims are offered to participate directly in the processes with an approach that takes into account the best interests of the child, since it is maintained even when the representatives legal entities of the minor victim are constituted as plaintiffs. “This is because it exclusively represents the minor in their interests within the framework of the process,” explained the magistrate.

In less time

Another of the highlights of the process was the short term in which it was completed. The hearing to formalize and formulate charges (after which the preparatory criminal investigation began) was held on September 17, 2020, the oral debate consisted of five virtual hearings held between April 5 and 12 of this year, and finally, the reading of the grounds of the ruling was carried out on April 19: that is, all the stages took only six months.

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