The complaint for child sexual abuse against Jey Mammon shook the entertainment world, and after the momentary suspension that Telefé decided on the driver's participation in La Peña de Morfi, his complainant Lucas Jorge Benvenuto (30) remains
silent
.
Although the case that the young man initiated in 2020 against the musician for having abused him from the age of 14 to 17
expired
due to the passage of time, it still has a key element for the investigation to be unfiled and to advance.
"For now, Lucas has not tried the
trial for the right to the truth
, but he is on time," explains
the lawyer Javier Moral in dialogue with
Clarín , who sponsored the young man in his other two complaints for child sexual abuse.
The importance of this type of trial lies in the fact that
it attributes responsibility
, that is, it indicates that a person committed the crimes.
But
it does not fix a sentence
because the prescription has already operated.
"In Argentina, few trials are held for the truth," confirms to
Clarín
the lawyer Nadia Marina Rivas, one of the lawyers for the victims of Alberto Cirulnik, former medical director of the ORT school.
Just Cassation enabled this trial last year but confirmed the impossibility of convicting the defendant for the accusations of abuse of girls and boys, due to the passage of time.
Lucas Benvenuto, the young man who denounced Jey Mammon for child sexual abuse.
Unlike the cases in which Moral sponsored Lucas against the music teacher Marcelo Rocca Clement - an accomplice of Jorge Corsi in the "boy lovers" gang - and the bookseller Roberto Santy Lozano -both convicted-, the complaint against Mammon
was He urged without a lawyer and during the pandemic
.
The secrecy
was maintained
from the beginning of the file in 2020 until the National Criminal and Correctional Court No. 3
dismissed
the television host in March 2021 because the period allowed to investigate had passed.
Since
he had prescribed in 2019
because the abuses would have occurred from 2007 to 2010.
In addition to the fact that the judicial process lasted less than a year, the other striking point is that "
the same prosecutor's office requested the prescription
," confirms the lawyer.
In fact, Lucas recounted in the program A la tarde, de América, the talk he had with the head of the prosecution.
"The prosecutor told me that they could not do anything because the case expired, she also said 'if you want to make this case visible in the media, you have to know that you will not achieve anything from us because it prescribed,'" he recalled during the interview in which he hinted that Mammon had abused him as a child.
It is key to take into account how the statute of limitations works, which will depend on the type of crime.
"Crimes (of abuse) prescribe when the maximum sentence is served. For example, homicide provides for imprisonment from 8 to 25 years, but prescribes at 15. On the other hand, sexual abuse provides for 6 to 15 years in prison and prescribes at 15", clarifies the criminal Alfredo Vitale, who represented one of the victims of the "illustrious citizen" of Gualeguaychú, Gustavo Rivas, convicted of corruption of minors.
And it emphasizes that those that "provide a sentence of more than 20 years or life, given that less than 15 years can have alternative or work outlets according to Law 24,660 of the custodial sentence" are considered serious crimes.
Another fundamental issue in cases of child abuse is that it was not until 2011 that the way of counting the statute of limitations
changed in favor of the victims
.
And it was modified again in 2015.
According to the complaint, Lucas maintained that he was abused by Mammon from the ages of 14 to 17, that is, from 2007 to 2010, so the court at the time of resolving the prescription could not apply the law issued in 2011.
That rule is Law 26,705, better known as the "Piazza Law" (for the couturier), which modified the prescription of sexual abuse in childhood.
It established that this term begins to run
from the time the abused person turns 18 years old
.
But with the passage of time, and the requests for imprescriptibility of these crimes, in 2015 there was a last modification.
Law 27,206 of "Respect for the time of victims of crimes against sexual integrity" was enacted.
The law not only changes the prescription of sexual crimes, but also those of human trafficking.
From that moment on, it was established that the statute of limitations is suspended under two conditions: while the victim is a minor and until, having reached the age of 18, the person denounces or ratifies the complaint made by their legal representatives when they were minors.
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