The defendant was seized by police officers at his parents’ domicile for domestic violence against his wife. During the arrest, the defendant proceeded to insult the victim, threaten her, grab her by the hair and spit on her face. The defendant was sentenced to two years of imprisonment on the count of domestic violence. During his appeal, the defendant had three arguments for repealing his conviction.
Mistakenly believing that a stranger was in his house, the defendant began insulting his wife and tried to beat her. He was prevented in succeeding in his attack after an intervention by their son. The defendant was consequently convicted of domestic violence and sentenced to 20 months in prison. Responding to the argument that a lack of force prevents his actions from satisfying the elements of domestic violence as codified in Honduras Penal Code, the Court responded that “intimidation” was within the elements of domestic violence.
This Supreme Court case is notable for solidifying the “Jurisprudence of Equality” doctrine as predominant in determining the sharing of marital property upon divorce. Following the termination of the marriage, the wife was granted by the High Court of Accra in May 2010 (i) custody of the children; (ii) ownership of a house and a “half share of the ‘storey building’; and (iii) a half share of ‘the shops at Weija, Accra. The husband appealed the decision to the Court of Appeal. The Court of Appeal set aside and replaced the orders of the High Court.
In 2005, an 8-year-old girl was grabbed in the street and taken to an inhabited home. There she was sexually assaulted by a man exposing his genitals. The victim’s mother found the child and the defendant in the abandoned home where she physically attacked him, causing him to flee. The defendant was convicted and sentenced to four years of imprisonment for acts of lust. The prosecutor challenged this decision.
Quijote, S.R.L., (the “Company”) fired the plaintiff while she was pregnant. The Labor Appeals Court (the “Court”) found that the firing was illegal because the law seeks to protect pregnant women, and though the medical certificate is a guarantee for the employer, it is not a requirement. The Court ordered the company to reinstate the plaintiff to her position and pay her lost wages. The Company challenged the court order in 1993, but the Supreme Court dismissed the challenge as an unconstitutional action in 1995. Consequently, the Labor Appeals Court ruling remaine
Emilio Garay Franco was accused of murdering his mother, María Roque Franco González, in her home on August 3, 1983 at around 11:00 pm. The weapon used to commit the crime was a knife. The accused was sentenced to 30 years in prison. The accused appealed the sentence, but the action was dismissed by the Supreme Court. The Court confirmed the sentence, noting “no hay delito más horrendo” ("there is no more horrendous crime”) than patricide.
In 2008, Francisco Ramírez Irala was found guilty of domestic violence against his wife. The Justice of the Peace ordered the accused to refrain from living at their home or being within 300 meters of his house or any other place that represented a risk for the victim for a period of 60 days. The accused appealed, and the sentence was confirmed. Subsequently, the accused filed a request before the Supreme Court alleging that the sentence caused him great harm because he is a colonel in the military with an impeccable career and being evaluated for a promotion. The Su
Gilberto Arrúa González was accused of murdering his mother, Lidia Blanca González in her home on April 3, 1993 at around 7:00 pm. The weapon used to commit the crime was a 21 cm long knife. The police questioned Jorge Arrúa Godoy who testified that on that day his wife, the victim, and he returned to their home to find the accused, their son, drinking wine and listening to music on the patio of the house. At one point, the defendant hit the radio with his hand, so his mother rebuked him, asking him to stop. The defendant ignored her, and his mother grabbed him by hi
Clorinda Mora Romero was sentenced to jail for seven years and six months because the lower court of Asunción found that she was guilty with her co-defendant Guido Arturo Villalba of human trafficking with the purpose of sexual exploitation. She appealed the sentence, and the Court of Appeals rejected her motion, confirming the lower court sentence. Finally, she challenged the decision before the Supreme Court, which dismissed the action in 2016.
S.J.D.S and M.J.D.S (16 and 13 years old) were sexually abused by their father, Joao María Dos Santos on several occasions. The victims testified that they were forced to have sexual relations with their father. The accused admitted that he raped them. The accused was sentenced to 16 years in prison. His sentenced was confirmed by the Supreme Court in 1997.
