Tribunal Supremo de Justicia

An indigenous man was charged with physical violence and threats against his ex-partner (a non-indigenous woman), a violation of the Organic Law on the Right of Women to a Life Free of Violence (the “statute”), which created special courts with exclusive jurisdiction to hear cases under the statute.  The special court issued a restraining order in lieu of detention pending trial.  Prosecutors appealed.  While the appeal was pending, the man violated the restraining order.  The court of appeals vacated the restraining order and ordered detention.  On a constitutional

In the predawn hours of a Sunday morning, police officers came upon a cab parked in a secluded location.  A woman (apparently an adolescent) emerged from the car naked and told the officers she was being raped by the driver, who was found with his pants down.  Prosecutors charged the driver with attempted sexual violence.  After the driver pled guilty and was sentenced to 50 months of imprisonment, the victim appealed the classification of the offense and prosecutors opposed the appeal.  Based on evidence in the record, the court of appeals modified the conviction to sex

In 2013, a woman’s ex-partner wounded her with a machete and knife as she was arriving home at midnight.  When the victim’s sister intervened, the man punched the sister and ran off.  For his attack against his ex-partner, the man was charged with attempted homicide, a violation of both the general penal code and the Organic Law on the Right of Women to a Life Free of Violence (the “statute”).  For his attack against the sister, he was charged with physical violence, a violation of the statute.  Amended in 2014, the statute created special courts with exclusive jurisdict

A 13-year-old girl reported having consensual sex with her 26-year-old boyfriend.  He was charged under a statute that outlaws sexual relations, even without violence or intimidation, to the detriment of a woman who is “vulnerable” because of her age.  The trial court convicted the defendant, finding the girl “vulnerable” based on psychological evaluations.  On appeal, the court of appeals focused on the girl’s “discernment” to “decide concerning an active sexual life.”  The court of appeals then found the girl not “vulnerable” in light of her testimony that she consente

A man invaded his neighbor’s house at night while two girls (12 and 17 years old) and their grandmother slept, and sexually assaulted the two girls.  The trial court convicted him of sexual abuse and physical violence.  After the court of appeals affirmed the conviction, the defendant brought a cassation appeal to the Supreme Court, arguing that the court of appeals erred by (1) selectively giving weight only to certain testimony of the victims and their grandmother, while ignoring exculpatory evidence; and (2) finding facts without articulating grounds for each finding.  Not

A landlady alleged that two delinquent male tenants assaulted her and threatened to kill her if she sought to evict them.  The tenants were charged with “violence against a woman,” a violation of the Organic Law on the Right of Women to a Life Free of Violence (the “statute”), which created special courts with exclusive jurisdiction to hear cases under the statute.  The ordinary court declined jurisdiction and referred the case to the special court.  In the meantime, after completing their investigation, prosecutors downgraded the charges to “general injuries,” a violation of

A teenage girl reported she had been sexually abused by a man.  A medical exam confirmed she had suffered involuntary anal penetration on the date of her report.  At trial, however, the girl testified that she was in a sexual relationship with a boyfriend at the time of the alleged abuse, another girl had advised her to blame the defendant in order to protect the boyfriend, and the defendant was innocent.  Her father corroborated her testimony, explaining that she recanted her accusations when he told her “where the defendant was being held.”  Noting “contradictions” in

A male dance teacher was charged with sexually abusing a three-year-old girl at a dance school, by inducing her to perform oral sex and rubbing his penis against her behind.  Trial witnesses included the child, a security guard, and the parent of another student.  The trial court convicted the man and sentenced him to over 15 years of imprisonment.  On appeal, he argued that the conviction was illogical and groundless because the testimony of the guard and parent disproved that he was alone with the child at the school at the time of the alleged crime.

A 12-year-old girl with the cognitive ability of a nine-year-old reported that she had had consensual sex with her boyfriend and separately with his roommate, both adult males.

A mother was charged with sexual abuse of her own son and daughter.  The trial court issued an order of detention pending trial.  When the mother brought an extraordinary constitutional petition seeking protection against the order, the court of appeals declined to hear the petition on the ground that such a petition can heard only after ordinary remedies have been exhausted.