Carla Junqueira, one of Thelma Fardin’s lawyers, anticipated this Saturday that they will appeal the ruling that acquitted the actor Juan Darthés in the case for rape initiated by the actress, and described it as “conservative” and “without a gender perspective”.
During a press conference held at the Amnesty International headquarters, the lawyer said that they are “optimistic” and added that “international courts can be used and that it is not a decision that declared Darthés innocent.”
“Acquitted does not mean innocent. We continue with Thelma Fardin,” they had reported from Actrices Argentinas about the call for the press conference.
The acquittal was based on the fact that “could not check the consummation of carnal access” and that all other types of abuse would already be prescribed
What does the ruling that acquits Darthes say?
The actor Juan Darthés was acquitted in the first instance of the crime of rape against Thelma Fardin in the Brazilian Justice, according to what one of his defense lawyers reported this Saturday.
“A member of our team informed me that he was acquitted in the last few hours. We have not yet had access to the ruling because everything is running secretly,” Brazilian lawyer Euro Bento Maciel, one of Darthés’ defenders, told Télam.
“What do they want, that the victims film themselves while they are being abused?” Thelma Fardin wondered.
The actress Thelma Fardin, complainant of Juan Darthés, asked the rest of the abused women “to go ahead with their complaints and not allow themselves to be indoctrinated” by the ruling that acquitted the actor in Brazil.
“Today we stand in a different way in front of the ties,” Fardin said during a press conference held at the Amnesty International headquarters.
The actress stated that “the violence of judicial systems” such as that of Brazil, which “do not have a gender perspective”, never ceases to amaze her.
The actress Thelma Fardin, complainant of Juan Darthés, asked the rest of the abused women “to go ahead with their complaints and not allow themselves to be indoctrinated” by the ruling that acquitted the actor in Brazil.
“Today we stand in a different way in front of the ties,” Fardin said during a press conference held at the Amnesty International headquarters.
Referring to the ruling that acquitted the artist, he said that what is sought is “perpetuate” the abuse against minors and wondered “What do they want, that the victims film themselves while they are being abused?”
According to Maciel, the defense still did not have access to the resolution of the substitute judge Fernando Toledo Carneiro, of the federal court of São Paulo, who was not the same one who processed the case, but was notified of the acquittal.
The Brazilian lawyer indicated that the prosecution and the complaint can still appeal the ruling, which will happen when all parties are notified.
Sources close to the case informed Télam that the decision was based on the fact that the consummation of carnal access could not be verified and that all other types of abuse would already be prescribed according to the Penal Code in force at the time of the denounced facts, in 2009. .
In this sense, the judge took into account that the victim’s version was not consistent in this regard, since for around nine years she could not reveal that fact to the people to whom she could tell about the abuse and she only did so in 2018.
Therefore, when these witnesses testified in the trial, they could not provide that the abuse had been with carnal access, since they became aware of it when the complaint was made.
According to the spokespersons, the judge made it clear in the ruling that he did not want to “blame” Fardin for the delay in recounting the facts because he knows that in this type of case there is a complex process and that it is common for victims to have to be psychologically prepared for it.
But he pointed out that, on the other hand, in order to pass a sentence, a high degree of conviction about guilt and that in this case there is “doubt” and that favors Darthés.
In addition to the acquittal, the judge resolved to lift the precautionary measures that prohibited Darthés from contacting Fardín and the trial witnesses, as well as from leaving the country, in this case Brazil, for which he had to hand over his passport.
In this way, if the actor wanted to return to Argentina, he would not have any impediment.
Mocking confirmed the acquittal
For his part, Fernando Burlando, Darthés’ lawyer in Argentina, confirmed his acquittal.
“They were running news on digital platforms that the trial had been annulled; that is a lie; it is fake news. What is not fake news is his acquittal,” said the lawyer in dialogue with Crónica TV.
From this ruling, if the actor wanted, he could return to Argentina without any impediment
In addition, he maintained that the actor, who settled in Brazil after Fardin’s complaint, “was really thoroughly investigated and the result of all this 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 allegedly accomplished facts in 2009 during a tour of the Argentine novel “Ugly Duckling”, when both They were part of the cast and she was 16 years old.
