Lucio Rojas Lizarazu c/ Víctor Gandarillas Galarza

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Defendant was convicted of the rape of a minor age 14 to 17, in violation of Article 309 of the Penal Code. The defendant admitted to having engaged in sexual relations with the victim, but claimed the relations were consensual, and apologized for his actions. Taking into account the defendant's apology and previous record of good conduct, defendant received a prison sentence of only 4 years. Both parties appealed, but the appellate court affirmed the trial court ruling, finding that the victim had failed to produce evidence of force which would carry a heavier sentence. The Supreme Court affirmed, holding that the defendant had seduced the minor, but that it had not been shown that he used force.



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