Two appeals court judges in Argentina are being lambasted by the media here for their outrageous decision to blame a 6 year old boy for his own rape. The perpetrator, a former official of a soccer club (extremely popular sport for Argentine boys), assaulted the child while he was under his care and was convicted for the offense in 2012. It was appealed to the next higher court, the Cassation Court, and two of the three judges voted to reduce the sentence from 6 years to 38 months. The appellate decision was handed down last year but has just now been made public.
The two judges, Horacio Piombo and Benjamin Sal Llargués, justified reducing the sentence by blaming the boy, declaring that at the age of 6 he already self-identified as gay and acted in such a way as to seduce his attacker. They said that boy “had previously been raped by the father and that he had been accustomed to situations of cross-dressing.” Judge Piombo said that the earlier molestation by the father had left the boy "depraved" and thus this newer assault was not "gravely outrageous."
This is not the first time this pair of judicial clowns have blamed a child victim of sexual assault. In 2011, they also reduced the sentence of an evangelical pastor who had abused two girls. It would seem they believe grown men are incapable of resisting the urge to violate children.
The National Institute against Discrimination, Xenophobia and Racism (INADI) is launching an investigation and has called for their impeachment. INADI has been a powerful and effective voice in Argentine society for minorities of all stripes so their involvement is promising. One of the largest gay rights groups, Homosexual Community of Argentina (CHA), has also demanded the removal of the judges from their posts.
In the meantime, the family of the boy has said they will appeal the decision to the Supreme Court. INADI will be also be working on the appeal.
The boy's father is currently in jail for the original assault.