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aggravated rape

ID
88

Dorotea Ortega de Guerrero c/ Efraín Guerrero Tarifa

Charges were brought against defendant for allegedly sexually abusing his 14-year old daughter for a period of 30 days while they were in Argentina. The lower court found defendant guilty of aggravated rape, in violation of Article 308-2 and 310-2 of the Penal Code. Upon defendant's appeal, the Court affirmed the lower court's ruling, holding that the victim's testimony coupled with that of the defendant's brother, who witnessed and first reported the rape, was sufficient evidence to convict the plaintiff.

 

Miguel Flores López c/ Cresencio Vedia Quispe

Charges were brought against defendant for the aggravated rape of a 20-year old handicapped woman, suffering from muscular atrophy. According to the victim, who was the defendant's sister-in-law, the defendant entered her room, threw her on the bed, raped her and left. The defendant allegedly raped the victim a number of more times, resulting in pregnancy. The defendant then allegedly attempted unsuccessfully to induce victim's abortion, at which time the victim reported the incidents to her father.

Ministerio Público c/ Julián Cachiqui Da Costa

Defendant was accused of aggravated rape of his 11-year old daughter, in violation of Art. 308 and 310-2 of the Penal Code. The defendant admitted to the rape, explaining it was an irresistible impulse. The trial court held that there was sufficient evidence not only to prove that the Defendant had raped his daughter, but that he had used force and threats of force to do so. Defendant was sentenced to 12 years in jail, and fined punitive damages. On appeal, the appellate court held that the appropriate sentence was 13 years, and that the penal code did not allow for the punitive damages.

Susana Hurtado de Barrero c/ Francisco Barranco Ramos

Defendant was charged with the aggravated rape of his 9-year old daughter. After considering a medical exam that confirmed rape had occurred, and hearing testimony from the victim naming her father as the aggressor, the lower court found defendant guilty of aggravated rape. The defendant appealed, alleging the accusation of rape was an attempt by the girl's mother of getting revenge against him. Finding there to be sufficient evidence for a conviction, the Court affirmed the lower court's ruling.

 

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