It was in December 2020 that
Lucas Benvenuto (31)
was encouraged to denounce the abuse he had suffered between the ages of 14 and 18.
Due to the passage of time, the criminal action was extinguished and the Justice dismissed the defendant, Juan Martín Rago (46), better known as
"I had a sick mother, she had addiction problems. She died at the age of 37 because her body couldn't take it anymore. Since I can remember, more or less 4 years, I saw my mother taking drugs and since then the physical
and sexual relations on the part of friends of my family and my stepfather
, who passed away", begins his story.
Benvenuto was a victim of the network of child trafficking, called "boy lovers", headed by the psychologist Jorge Corsi.
He was recruited by this gang at the age of 11.
When he found out that his abusers had been released from jail, he dared to speak up.
Less than three months passed until the National Criminal and Correctional Court No. 3 dismissed the driver Jey Mammon because it understood that the crime reported had
prescribed in 2018
Prosecutor No. 28, subrogated by prosecutor Patricio Lugones, head of the National Criminal Prosecutor's Office No. 26, was the one that received Lucas's complaint.
Lucas Benvenuto, the young man who denounced Jey Mammon for child sexual abuse.
Judicial sources confirmed to
that the young man decided to make the complaint and formalize it in Justice knowing that, due to the number of years that had passed, the case would not prosper.
, he never appealed the resolution
, which ended up burying his complaint.
Due to lack of legal sponsorship or ignorance, he did not advance with other elements to evade the prescription.
Neither did the prosecution.
"For Justice, the cause may have prescribed because several years have passed and this is something that has to change. They have to know that on the other side, in this case mine and that of all those who suffered abuse, they live like the first day these abuses. Time does not pass, it freezes, and
you suffer more than you suffer at that moment
, because understanding is what hurts the most in these stories, and it is generally understood when we reach adulthood, as is my case for example , and that of many", he had closed in his story, warned of the end it could have.
The heartbreaking testimony of the victim
Lucas denounced that Juan, as he knew him,
sent taxis to take him home
, that he wrote love songs for him and that they invited him to parties that he organized and allowed him to enter (despite not reaching the legal age). because the driver wanted to see him.
All this is recorded in the complaint formalized in the file that
"They make you feel that they are the most important thing in your life and that you need them to be well. They make you believe that they are consolation. Now I understand that they listened to me cry for a while, talk about the problems I had at home, and then sweeten me up and take me away. to bed. It destroys me to understand how
they managed me to satisfy their sexual desires with minors
, "described the young man in a heartbreaking story in which he describes a series of abuses.
Among the events he describes, he recounted: "I remember waking up in his bed next to him with
marks on my body
without understanding what had happened. What I do know is that he was tender with me at all times that night, before he lost consciousness. Another day I got up, he called me a taxi and I went back to my house".
He was just
14 years old
and the defendant
He also said that he asked for "naked photos" to get to know him "more thoroughly."
After that, she remembered having lost contact with him for some time until they met at a party after their 15th birthday.
"My best friend's friend knew Juan very well and before leaving there he told him that he was bringing him a 'surprise gift' but that they were going to have to let me
pass without a document
. I know this information because this boy laughed at this situation as something funny and he flaunted it in front of me as if nothing had happened. Today it hurts me to remember details like this because I went back to being a package, an object of horrible personal desires, "he recalled in his complaint.
He also said that "the night after the party ended, I didn't want to go back to my house and I was already there as a
gift for Juan
, the whole situation that night led to the beginning of 'our relationship' as boyfriends and I felt very happy about everything. the time I was with him", he described about that moment.
And he continued: "When the party ended I went with him practically in secret because although he could not avoid his attraction to me, he also took care that no one realized that he was going home with a minor" .
Always according to his version, in addition to the vulnerable situation in which he was due to his family situation and the difference in age, he said that in each meeting the accused
offered him marijuana and alcohol
"My mother, in her madness, worried about knowing if she arrived safely, so when she arrived she would call Juan's telephone number to ask him if she had arrived safely. They spoke many times on the phone. Even over time, when she started working at a music channel had a program called
and he sends greetings to my mom and 'my Pelusa'," he described in detail.
The court decision
In this case, the prosecutor Patricio Lugones understood that the crime could no longer be tried and judge Walter José Candela ruled in the same sense.
"Taking into account that the denounced facts would have taken place in 2006, when Benvenuto was 14 years old and, since the defendant Juan Martín Rago does not have a criminal record, the prosecutor understood that the period established for the prescription of the criminal action against him, operated in 2018 and returned the proceedings to the Court postulating the declaration of the extinction of the criminal action by prescription in his regard and consequently the dismissal of the accused", argued the head of criminal court No. 3 in the sentence to which
agreed and agreed to order the dismissal.
The truth is that now that Lucas's complaint has become public, there have been some questions from lawyers specializing in childhood sexual abuse and they have looked at Judge Candela's ruling arguing that he could have appealed to the Convention on the Rights of the Child, through which Argentina had (and still has) the obligation to ensure access to Justice for children and adolescents, to protect them against all forms of abuse and violence, and to ensure their best interests.
For example, Mauricio Viera, attorney general before the National Court of Criminal and Correctional Appeals, and María Piqué, prosecutor of the Assistance Unit, relied on this international treaty and the Belém do Pará Convention to appeal dismissals issued due to the Prescription in cases of sexual abuse in childhood.
The complainants do not have the obligation to appear with a lawyer and "rest" in the prosecutor's accusation, which in turn depends on the judge's decision.
On this occasion, both agreed that the file could not be advanced, not because Mammon had been declared innocent, but because of the passage of time.
Not having a lawyer to represent him in this case, Benvenuto did not appeal the decision and
the case could no longer be reactivated because all the procedural deadlines had expired
Neither did he request a trial of the truth, a form of reparation that does not reach a conviction but that does allow the facts to be investigated and qualified.
Controversy over the complaint against Jey Mammon: they question how the prosecution acted
"Letter to the child that one day I was": Lucas Benvenuto's strong message after Jey Mammon's response