This Thursday at noon the verdict was known that found guilty Magdalena Esposito Valentimother of Lucio Dupuyand your partner Abigail Peace, for the murder of a five-year-old boy in La Pampa. However, despite the fact that it was detected that Lucio had been sexually abused, that crime was not charged to his mother in the sentence, but only to his partner.
On the one hand, the mother of Lucio Dupuy, 25, was found guilty of the crime of homicide triple qualified by the link, treachery and crueltyfor which he will receive the sentence of life imprisonment when the penalty is set. Nevertheless, She was acquitted of the sexual assault charge.. It is that unanimously, the Court of Hearings of Santa Rosa understood that the principle of in doubt for the accusedthat is, the benefit of the doubt in favor of the accused.
On the other hand, in the case of Abigail Páez, 28 years old and partner of Espósito Valenti, she was found guilty of the crime of homicide doubly qualified for treachery and cruelty, in real competition with the crime of sexual abuse with carnal access through the anal route, executed with a phallic object, aggravated for being the guardian and for having been committed once morest a minor under 18 years of age, taking advantage of the pre-existing living situation.
The chats of the accused of the crime of Lucio Dupuy: from the tenure claim to “we are going to send a shit”
In this way, despite the fact that both will receive life imprisonment, one might receive a maximum sentence of 50 years and the other a maximum sentence of 35 years.
“Although then I have no doubts regarding the occurrence of the event (sexual abuse), the manner, time and element used (or at least one of them); yes, instead, I believe that the accusing parties have only managed to produce proof regarding the authorship of one of them: Páez”, argued Judge Olié in his vote, which was supported by his colleagues.
Although he already knows Páez and Valenti as guilty, the sentencing hearing was set for February 13 at 8 in the morning.
For his part, Judge Olié explained: “There were several witnesses to those first moments of Lucio, already lifeless, outside the apartment (where he lived with the accused), taken by Páez who reported having heard his version that ‘they might having beaten and abused’, according to what agent Argüello declared, and that ‘they had raped him’, according to Edgardo Mourino and Lady Esther Soria, who assisted Páez to take the child to the Evita Hospital and to whom it was reasonably brought to their attention how she This allows me to attribute the crime of sexual abuse to Páez, since she knew that the child had been subjected to sexual abuse, a circumstance that directly links her to the fact, in the absence of other evidence gathered during the debate that reasonably explain such knowledge, revealed by his repeated warning to other people”.
Crime of Lucio Dupuy: the mother and her partner were found guilty of murder
Likewise, the judge added that it was proven that Lucio suffered sexual abuse by Páez for at least two months before his death.
“I will then take it as proven that Páez, while living with Lucio, his partner’s son, at the home of Allan Kardec 2385, apartment 2, in the city of Santa Rosa, carried out acts of anal penetration with a phallic object on the child, in such a way that five years of age at the time of the event, repeatedly for at least two months before his death, without being able to specify the exact time of such grievances,” said the judge.
To justify the ruling that acquits Lucio’s mother of sexual abuse, they detailed that “The evidentiary plexus gathered, especially that referring to the genetic expert evidence, determined the finding of genetic material of both defendants and of Lucio. If the first is perfectly reasonable and expected, as long as it is an element intended for use by them [el objeto fálico]the second becomes incriminating with respect to the sexual abuse attributed, although it is not possible to ensure, with the rigor required by a conviction, that this is also due to the action of Espósito Valenti: it is perfectly feasible that his DNA was already there, for previous employment, when the remaining defendant sexually assaulted the child”.
JD / ds
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