Marcelo Corazza (50), the first winner of Big Brother, is arrested for a case that investigates a network of corruption of minors.
His role would be that of a client of the organization accused of recruiting children and adults for sexual exploitation and prostitution.
The testimony that complicates it is from a person who
denounced having been abused in 2001
, when he was under 18 years of age.
The case raises the question of when crimes against child sexual integrity prescribe.
Over the years, complaints of child sexual abuse became more visible and the reforms of the laws advanced in the defense of the interests of the children who were victims.
Despite this, this type of crime prescribes.
If it is proven that the only abuse committed by the producer of the current edition of GH dates from 2001, could he be prosecuted and face a trial?
Or could he be dismissed and released?
"If he is accused of abuse in a contest with corruption of minors,
the calculation of the prescription
is at the limit
. It is also necessary to see if he is accused of another crime," explains
lawyer Juan Pablo Gallego, a specialist in the subject, in dialogue with
of child sexual abuse and known for carrying out the accusation against the priest Julio César Grassi.
But how does the limitation period work?
This will depend on the criminal type.
"Crimes (of abuse) prescribe when the maximum sentence is served, as they are serious crimes. For example, homicide provides for a prison term of 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", explains the criminal Alfredo Vitale, who represented one of the victims of the
"illustrious citizen" of Gualeguaychú
, Gustavo Rivas, convicted of corruption of minors.
Marcelo Corazza, producer of Big Brother, was arrested on Monday in a case for corruption of minors.
And it clarifies that serious crimes are considered those that "predict a sentence of more than 20 years or life, given that less than 15 years can have alternative or work outlets according to the criminal enforcement law."
In September 2022, the Entre Ríos Justice sentenced Rivas to
23 years in effective prison for eight crimes of sexual abuse
Since the 1970s, Rivas had abused children.
But before that, the lawyer was sentenced to only 8 years in prison for "promoting corruption and prostitution" of a minor, but
acquitted by prescription in nine other complaints
of which the Superior Court of Justice of Entre Ríos (Stjer) ordered to review seven.
The lawyer and "illustrious citizen" of Gualeguaychú, Gustavo Rivas, convicted of abusing minors.
Photo Juan Jose Garcia
The increase in sentence occurred after the appeal filed by Vitale.
"I based myself on the Convention on the Rights of the Child and the Vienna Treaty, which
prioritize the best interests of the child
. I also argued that in Argentina it is necessary to consider that the violation of human rights is not only committed by States, but by individuals , as in this case," he explains.
Another tool that is available when the prescription is in effect is the trials for the
right to the truth
It attributes responsibility, that is, it indicates that a person committed the crimes, but does not set a penalty.
The victims of Alberto Cirulnik, former medical director of the ORT school, seek to have this procedure performed.
What does the law say about the statute of limitations for crimes of child sexual abuse?
2015 was a before and after in this matter because
Law 27,206 of “Respect for the time of victims of crimes against sexual integrity”
was sanctioned .
The regulation modifies the statute of limitations for sexual crimes and human trafficking.
Alberto Cirulnik, former medical director of the ORT school, accused of sexual abuse.
The key is that it establishes that
the statute of limitations is suspended 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.
The reform modified article 67 of the Penal Code, by adding a paragraph referring to the suspension of the prescription.
"In the crimes provided for in articles 119, 120, 124, 125, 125 bis, 128, 129 in fine and 130 -second and third paragraph-, 145 bis and 145 ter of the Penal Code, the prescription is suspended while the victim is a minor and until, having reached the age of majority, he formulates the complaint or ratifies the complaint made by his legal representatives during his minority
For the lawyer Gustavo Romano, the enactment of the law in November 2015 was fundamental because "minors cannot discern whether or not they can file a complaint."
Although he clarifies: "It is unfortunate that today a person of legal age
cannot go through criminal proceedings in the abuses suffered prior to 2011
, due to the prescription."
A paradigmatic case that he remembers is that of art professor
, from the
Colegio San Juan el Precursor in San Isidro
"They dismissed him because they had prescribed the abuses that he had committed against former students. But he was an important trigger for the subsequent reforms," he clarifies.
Students from the Colegio San Juan el Precursor de San Isidro.
Without pixelating, Peter Malenchini, the art teacher denounced for abuse.
Currently, Romano represents the former table tennis player Cielo María Rotryng Álvarez (19) who denounced that she was raped by her Chilean colleague Juan Pablo Lamadrid Barraza (26).
At the beginning of the year, he was detained and could not be released.
These days they will house him in a Penitentiary Service Unit.
The case has already been elevated to oral trial.
The "Piazza Law"
Before the 2015 law, Law 26,705 or "Piazza Law" was passed in 2011, which modified the statute of limitations for sexual abuse in childhood.
It established that this term begins to run from the time the abused person reaches 18 years of age.
This regulation was promoted by the
designer Roberto Piazza
, after having been a victim of abuse in his childhood.
To prevent these crimes from prescribing before being reported, the couturier said that the law was aimed at combating impunity since being an adult "one can
get rid of fear
The designer Roberto Piazza promoted a law to modify the statute of limitations for cases of sexual abuse in childhood.
Along the same lines, since 2019, prosecutors María Piqué and Mauricio Viera presented different appeals on the prescription of cases of sexual abuse of minors.
"The Supreme Court must resolve the claims that we still made," Piqué explained to
The officials stated that the statute of limitations prior to 2011 were an obstacle for minors in terms of access to Justice.
And like the lawyer Vitale, they were based on the validity of the Convention on the Rights of the Child and the "Belém do Pará" Convention.
A boy who went to Marcelo Corazza's car in Plaza Miserere: the situation that complicates the former Big Brother
Marcelo Corazza denied the serious accusations against him