"Taking into account that for more than nine years the specific fact of sexual relations was not clear in the memory of the victim, who only remembered the penetration in 2018, when he made the public complaint it seems reckless to issue a condemnatory judgment on this specific fact," say the arguments of the ruling that acquitted Darthés in the rape case that follows him after the complaints of actress Thelma Fardín. Clarín agreed to the 58-page letter, which also adds: "The victim's version, however, was not consistent in terms of carnal relations, since for more than nine years this fact was omitted in the few complaints he made to people he trusted."
Darthés, as it was known this Saturday, was acquitted in the first instance of the crime of rape against Thelma Fardin in the Justice of Brazil, which considered that there was not enough evidence to prove sexual abuse in 2009.
The ruling continues: "The clinical condition presented by the victim is compatible with the sexual abuse reported, as witnessed by several experts in the file. It should be noted, however, that the victim's own psychologist, during the years that she (sic) did not know the facts, associated them with the traumas experienced by Thelma in her childhood.
The sentence of the 7th Federal Criminal Court of São Paulo also indicates that "the report of other women would reinforce the report presented by the victim", but clarifies that "we must not forget that we are judging a concrete case, on a specific crime".
"The time elapsed from the occurrence of the facts to the effective production of the evidence in a judicial contradictory ended up harming a better clarification of the facts," concludes the court.
The ruling of the Brazilian Justice that acquits Juan Darthés in the case for rape initiated by the actress Thelma Fardín was known. Photo: Lucía Merle
And it specifies that "the examination of the body of the crime was useless in the present process, since it was carried out more than nine years after the events occurred on the occasion of the complaint made by the victim in Nicaragua, making it impossible once again to confirm or not the occurrence of carnal relations."
"It should be noted, once again, that it is not about blaming the victim for taking so long to narrate the facts, since it is known that there is a complex process in the reporting of crimes of this nature, with a long period until the victim is physically and psychologically prepared to talk about the facts, "he clarifies.
"It happens, on the other hand, that for the conviction of an accused a high degree of conviction about his guilt is necessary. And in the absence of elements such as the examination of the corpus delicti, this degree of conviction gradually dissipates."
"Acquitted does not mean innocent. We will give details about the press conference shortly. We continue with Thelma Fardin, "the collective Argentine actresses had expressed through twitter.
According to Brazilian lawyer Euro Bento Maciel, one of Darthés' defenders, the prosecution and Fardin's lawyers can still appeal the ruling.
For his part, Fernando Burlando, Darthés' lawyer in Argentina, confirmed his acquittal. "I talked to Juan, to the family. They sent the ID, although there is a duty of secrecy even until it is firm," he told Clarín.
In addition, he maintained that the actor, who settled in Brazil after Fardin's complaint, "was really thoroughly investigated and the result of all that investigation was comforting for Juan's family."
The trial began on November 30, 2021, two years after Fardin filed the complaint for aggravated sexual abuse, in December 2018 in Nicaragua, for acts allegedly accomplished in 2009 during a tour of the Argentine novel "Patito Feo", when both were part of the cast and she was 16 years old.
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