Women and Justice: Court: Corte de Apelaciones de Violencia contra la Mujer (Court of Appeals for Violence Against Women)

Domestic Case Law

Decisión nº 002-16 de Corte de Apelaciones de Violencia contra la Mujer (Número de Expediente: CA-1708-14VCM) Corte de Apelaciones de Violencia contra la Mujer (Court of Appeals for Violence Against Women) (2016)

Sexual violence and rape, Trafficking in persons

The defendant was convicted for the crimes of human trafficking and association to commit crimes on May 15, 2014 in the state of Nueva Esparta.  In its decision, the lower court said that in cases of rape and trafficking of persons, anyone who has been accused of having a relationship or knowledge of such crime could be deprived of liberty during trial, if it is deemed appropriate by the authorities.  In the defendant’s case, he was accused of seducing and luring the female victim into the island of Margarita, where she was subjected, tortured, drugged, and raped.  The defendant appealed the decision, alleging that it violated his right to be judged in freedom.  The Court of Appeal for Violence Against Women on January 8, 2016 dismissed the appeal action and ratified the decision of the lower court and determined that the apprehension of the accused before his conviction did not represent a violation of the law.  The appellate court ratified the criteria of the lower court according to which those defendants who are linked to the act of people trafficking and gender violence can be arrested before issuing a conviction decision, if deemed appropriate by the authorities.