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Supreme Court

Case of Juan Alveiro Gómez

In 1994, a married woman was sexually abused and raped by Juan Aveiro Gómez in her home.  Law 104 (dated December 17, 1990) modified Paraguay’s penal code to punish the rape of a married woman with prison.  The Criminal Appeals Court sentenced the defendant to 12 years in prison.  However, the Supreme Court reduced the sentence to eight years in prison on February 20, 1997.

 

Case of Sebastian Ramirez Ledesma

Sebastian Ramirez Ledesma was found guilty of murdering his father by the lower court.  The lower court sentence was confirmed by the Court of Appeals.  However, in 1997, the Supreme Court overturned the sentence and absolved the accused of all charges because he acted in self-defense.  On the day the events took place, Joaquin Ramirez, father of the accused was drunk and threatening to kill his wife, Francisca Ledesma de Ramirez.  Joaquin Ramirez regularly hit his wife.  In light of these circumstances, the accused intervened trying to defend his mother, which enra

Case of W.F.C.M. and L.M.S.V., No. 556

L.M.S.V. and W.F.C.M were accused of sexual coercion against the victim L.del R.A., an 18 year old woman, who was sexually coerced by the two accused males with a knife.  The accused, who were minors, were sentenced to 3 years in prison.  L.M.S.V appealed and the Court of Appeals confirmed the lower court sentence.  Finally, L.M.S.V challenged the decision before the Supreme Court which partially overturned the decision.  The Supreme Court found that because L.M.S.V.

D.A.V.G. v. Attorney General's Office

The defendant in this case spent 11 days at a hotel in Honduras with a 13-year-old girl. The victim and defendant had sexual relations throughout this time. Following a trial, the defendant was sentenced to 15 years imprisonment for the crime of special, or statutory, rape. The defendant challenged this decision on several grounds. First, he claimed that he lacked the requisite mens rea, as he was unaware of the victim’s age. He claimed that was due to both the victim’s physical appearance and her statements to him affirming that she was an adult.

Dlamini v. The Quadro Trust & 8 Others

The appellant sought to set aside a lower court’s decision and remove his deceased paternal grandmother’s estate executors. The lower court found that the appellant had no locus standi to bring forth the application as he was not the lawful beneficiary of his grandmother’s estate—he was born out of wedlock and his father predeceased his now deceased paternal grandmother. Therefore, the appellant had no right of inheritance intestate.

Gutiérrez Castillo, Ignacio v. Red de Televisión Chilevisión S.A. (Case Nº 5984-2017)

The Supreme Court rejected the appeal of a decision rendered by the Court of Appeals of Santiago (Case No. 11717-2016), which had ratified the judgment of the 12th Civil Court of Santiago finding for the plaintiff in a complaint for violation of the Article 2 of Law No. 20,069 by the defendant. The plaintiff, a host in a TV show, claimed discrimination for his sexual orientation by his employer, the TV show.

J.A.C.Z. v. Attorney General's Office

The defendant in this case took a female victim by the mouth, put her against the wall and sexually abused her. Following trial he was sentenced to 10 years of imprisonment on for rape. His appeal advanced two primary arguments. The first argument was that the evidence presented in the case was contradictory and was not sufficiently reliable to convict him of rape. While some witnesses’ statements showed that the defendant grabbed the victim by the mouth, other witnesses suggested that he took her by the back.

J.A.H. v. Attorney General's Office

The defendant, 52 years old, appealed a conviction stemming from the rape of a 13-year-old girl. The victim became pregnant following the assault, and the defendant supplied her with pills to prevent intestinal worms. The pills resulted in the victim experiencing minor bleeding.  Following a trial, the defendant was sentenced to prison for 15 years for aggravated rape and four years for attempted abortion.

J.E.R.A. v. Attorney General's Office

The defendant in this case sexually assaulted his stepdaughter, who was 12-years-old at the time. The defendant was sentenced to 15 years in prison for rape. During his appeal, the defendant argued that the trial court failed to legally assess all the evidence presented. During her initial testimony, the victim declared that it was her stepfather who had caused the sexual abuse apparent in her psychological and physical examinations. However, she recanted two months later and stated that the abuse had actually been inflicted by her boyfriend.

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