Argentine judge who freed a suspect because he used a condom while raping a woman is fired: Panel now reviewing 10 previous sexual assault acquittals he oversaw
A judge in the northeastern Argentine province of Santa Fe was fired after a Australiese man slaan 20 kg gewig per ongeluk op gimgangers se kop panel unanimously agreed that he erred in the judgement of 10 domestic violence and sexual assault cases.
Judge Rodolfo Mingarini was dismissed by an unanimous vote of 10-0 on Tuesday after the panel ruled that he was not suitable for his post and was ‘lacking in justice and at odds with the principles of human rights and the geslag perspective.’
Mingarini had been brought up on impeachment charges and was suspended with half his pay in September 2021.
The disgraced magistrate came under scrutiny in June 2021 when he ruled that Leandro Spies could not be held in pre-trial detention because he had used a condom to have sex with a woman who had accused him of rape two months earlier.
‘We can think that there would have been forced intercourse, but I cannot understand how if he is going to have forced intercourse, pushing her, subduing her, he took the time, I cannot reconstruct how he puts on the condom and then advances on the victim’s body … who is here, Oomblik mes-swaaiende vrou 'hoog op meth,’ Mingarini said. ‘The truth is that this is where I have the greatest doubt.’
Judge Rodolfo Mingarini was dismissed from his post by a Supreme Court panel in the Argentine province of Santa Fe on Tuesday. The panel found that he was not suitable for his post and was ‘lacking in justice and at odds with the principles of human rights and the gender perspective.’ In one court ruling, Mingarini released a suspect from custody because he had used a condom to have sex with a woman who had accused him of rape
The Supreme Court in Santa Fe, Argentinië, convened Tuesday and unanimously voted 10-0 to fire judge Rodolfo Mingarini for repeatedly erring in judgement in sexual assault and domestic violence cases
His controversial ruling was overturned by overturned by the Criminal Appeals Chamber of Santa Fe in July 2021 and Spies was sent back to prison. The defendant’s attorneys filed two motions to rescind his pre-trial imprisonment in December 2021, but both were denied. Prosecutors are seeking a 12-year prison sentence for Spies, whose trial begins this month.
In another sexual assault case, Mingarini was the lone judge to dissent in a case involving rape suspect Carlos Baldomir, and voted against an 18-year prison sentence, opting instead for 12 jare, because the victim, his 12-year-old was not beaten and then overcame the ‘traumatic events’ because she had a new boyfriend.
‘I do not agree with the perceptions of the complaint regarding the impossibility of overcoming these traumatic events, since the victim has shown that she has the strength and ability to overcome them and develop normally,’ Mingarini opined.
‘She was able to start her sexual life without sexually deviant conduct, experiencing an adolescent romantic relationship with a young man that even lasted over time, ending the relationship without major inconveniences and for other reasons,’ hy het bygevoeg.
Judge Rodolfo Mingarini was removed from his post by the Supreme Court in the northeastern Argentina province of Santa Fe. He was investigated for a serious of rulings and dissenting opinions that favored suspects in sexual assault and domestic violence cases
The embattled judge also released Gaspar Mourullo from police custody in 2021 after he was accused of restraining his six months pregnant girlfriend against her own will while beating and threatening to kill her.
By een geleentheid, Mourullo told the woman, ‘I am going to get a gun and I am going to shoot you.’ Several months passed when he visited her home and punched her belly and blocked her path to the door as she attempted to escape.
During a court hearing, Mingarini said the the domestic violence incidents were mutual and that the former couple’s acts of fighting was ‘the way to solve the problems that they shared.’
Santa Fe Congressman Maximiliano Pullaro, who was part of the legal panel, applauded the decision to removed the impeached judge.
‘I understand that judicial action guided by prejudices and gender stereotypes does not help to guarantee victims an adequate response, constituting in practice a form of re-victimization,’ Pullaro said. ‘Nor does it contribute to generating the citizen confidence that is essential for other victims to be encouraged to report acts of this nature.’