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Honduras

A.R.M.P. v. Attorney General's Office

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.

A.R.T. v. Attorney General's Office

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.

Attorney General's Office v. P.T.B.L.

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.

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.

Equal Opportunity for Women Act (Legislative Decree 34-2000)

The Equal Opportunity for Women Act (the “Act”), enacted by this decree 34-2000, eliminates “all forms of discrimination against women” and guarantees equality in the eyes of the law and in the areas of family, health, education, culture, work, social security, credit, and land ownership. Moreover, the Act promotes participation by women in decision-making within the power structure and expressly states that women are eligible to run for public office.

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.B.G.G. v. Attorney General's Office

On June 27, 2008, a man invited a 15-year-old girl to his home, where he and an accomplice proceeded to drug and sedate her. Once she regained consciousness, the defendant had oral sexual relations with her, while his friend made a video recording of it. Both the defendant and his accomplice were sentenced to 18 years imprisonment for "special violation," also known as statutory rape, and child pornography. The defendant appealed his conviction on the ground that no child pornography crime had been committed by him, as it was his accomplice that made the video.

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.

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

The defendant was convicted for soliciting women to prostitute themselves and was consequently fined and sentenced to six years of imprisonment for procurement, and eight years of imprisonment for human trafficking. During his appeal, the defendant raised a procedural objection, challenging the admissibility of evidence demonstrating his involvement in women’s prostitution in Honduras.

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