This morning, a one-man court found the athlete Facundo Brizuela guilty of sexual abuse, who in 2019 was denounced by his ex-partner, when he played the Federal Basketball Tournament and wore the Club Del Progreso shirt.
To the pivot, 41 years old, they charged him with the crime of “simple sexual abuse aggravated by the, for the guardianship and for taking advantage of the pre-existing coexistence ”of which a four-year-old girl was the victim.
Judge Maximiliano Camarda handed down the guilty verdict in the same terms of the accusation that the prosecutor Belén Calarco had sustained throughout the three days of the oral trial, which ran from August 25 to 27. The interests and rights of the girl were represented in the trial by the defender of minors Estela Aroca, explained from the Communication area of the Judicial Power.
In assessing the evidence presented at trial, he highlighted the statements in the Gesell Chamber that the girl gave, in which she recounted the touching, as well as the expert reports, the testimonial statements of the professionals who assisted the victim and her mother after the discovery of the facts and the audio and communication records that were produced immediately after the girl told what happened for the first time.
“According to the accusation, the abuses occurred in Roca during the months of January and February 2019, when the girl was under the care of the accused “, they indicated.
The judge found that in this type of crime, that “They occur within four walls, the testimony of the victim is the most relevant testimony.” He also highlighted that children who are victims of abuse manage to tell what they have suffered “as they can, when they can and to whom they can”, so a late disclosure is not an indication of falsehood.
In this case, the girl was able to relate to his mother what happened four months later, in the middle of a crisis of anguish.
On the other hand, based on the evidence presented, the judge concluded that there was no “plot of the mother against the accused” nor is there “anything that leads to the fact that the girl’s sayings have been misinterpreted by all the adults who intervened after the unveiling.”
What will the sentence be?
The next instance of the process will be the caesura hearing, with a date to be defined, in which the amount of the penalty that corresponds to be applied to the convicted person will be determined within the limits imposed by the Penal Code and the jurisprudence of mandatory application. For this type of crime, the CPP establishes a sentence of three years in suspended prison, although if Brizuela has a record, an effective sentence could be established.