Monday 26 September 2016

Child abuser has sentence halved as judges rule six-year-old victim 'was gay'

Published 21/05/2015 | 13:02

The ruling has caused outrage in Argentina Credit: Stock image
The ruling has caused outrage in Argentina Credit: Stock image

Two Argentine judges are under fire after cutting the sentence of a paedophile in half on the grounds that his six-year-old victim was gay.

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Describing the now 11-year-old as having a “homosexual orientation”, appeal court judges Horacio Piombo and Benjamín Sal Llargués decided to cut the prison sentence for Mario Tolosa from six years to three, as they felt his victim was “accustomed to sexual behaviour” following years of abuse by his father.

“It cannot be considered abuse when a boy is used to being abused in his home and is accustomed to sexual behaviour and has a homosexual orientation,” they said in their ruling.

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Calls to impeachment the judges have spread across the country after the verdict came to light last week.

Justice Piombo defended the decision on Monday, saying that before Mr Tolosa molested the boy, the child had already suffered “the initiation by his father into the worst of worlds, leading him to depravation.”

The judge said that as a result of that experience, the boy had showed “signs of a transvestite conduct, of conduct we had to take into account.” 

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Adding that Mr Tolosa’s actions could not be considered “gravely outrageous” in legal terms because his victim was already “making a precocious choice” about his sexuality.

The ruling dates from last year but become public last week as prosecutors at Buenos Aires’ Supreme Court decided to appeal the verdict.

The Argentine Federation of Lesbians, Gays, Bisexuals and Trans have demanded the judges be removed from the bench, saying the ruling placed the victim "in the position of a suspect".

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Interior Minister Florencio Randazzo said the ruling was "an embarrassment".

"It's repugnant to say that the presumed sexual orientation of an abused six-year-old boy is a reason to reduce the sentence of the abuser," he added.

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