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For the lawyer Roxana Rivas, the question of gender goes through the whole society and especially the powers of the Stat

For the lawyer Roxana Rivas, the question of gender goes through the whole society and especially the powers of the Stat

The lawyer who deals with cases that have to do with gender violence and femicide, Roxana Rivas, said in the studies of Misiones Online TV that gender issues cross all areas of society and requested training and training in areas of the State and the Judicial Power to whom women turn when faced with these problems of violence, such as the cases of María Ovando, Victoria Aguirre, Lucía Maidana and others in whom she had and has intervention.

“From the causes that we had to intervene we have tried in this interdisciplinary treatment because we consider that this gender issue crosses all areas of society, the State and especially some areas require training, special training in this because it is used by the women when they are in problems like the Justice and the Police or those in which women fall when many times like the Criminal Justice.

He added that the Judicial Branch “is one of the strongest powers of the State because it is the one with the least visibility, the least control, especially in our province, we can say the most unpunished in its decisions. From our experience, we have had strong experiences in gender issues, in the case of María Ovando, Victoria Aguirre, Lucía Maidana, which is another of the cases that are unpunished, in these cases it was very difficult for us to reach the Judicial Branch without giving a answer that the gender perspective is not an exception today but is an obligation that it has. It is imposed by the laws and international treaties to which we have subscribed as a country and as a province.

Lucía Maidana Case

On a suspect who was arrested for other similar cases, Rivas said that “at the time there was a boy who was arrested in Corrientes, I think it was that case, but according to what we have been able to find out, because there was a strong expectation from that detention, DNA samples did not match so it was discarded. It remains an unknown (the true femicide), although it is certainly known that DNA samples are not known identity and is also known to have committed other crimes of sexual abuse in the city.

Abuse, rape, harassment

The lawyer also specified the scope of the terms, abuse, harassment and violation in the judicial language and public discourse, “sometimes the terms of the Penal Code are not well represented in public discourse, but in frequent when we talk about abuse, in general terms sexual abuse, it is included when we speak discursively and from a gender language to all kinds of advances on sexual integrity, that implies that when one says seriously outrageous sexual abuse we are talking about rape as well. That word is used in frequent because there is always abuse, what happens is that within the forms of abuse there is sometimes rape, sometimes sexual harassment, sometimes simply touching or other types of actions that attempt against sexual integrity, but when in terms of gender language we speak of some lack or injury to sexuality, it is always an abuse “.

“If we go to the criminal level we have other figures because that is where the penal sanctions depend, a violation, what that implies, that also evolved over time, before I qualified as a violation, there must be penetration and penetration always period the classic, it was not considered for example oral sex or some other form of penetration, today and yes that is a jurisprudential construction that is later reflected in the law, implies any kind of carnal access, that is an advance in what is the criminal issue. In the language of gender abuse has all these implications, one can feel abused from any of those places. “

Dishonest abuse – contradictory

When consulting it in case it is not a contradiction the so-called legally dishonest abuse considered that, “our codes are not modernized or are aggiornando. Abuse is abuse, now, when it is said dishonest it was meant at the time to give a characteristic of the abuser or dishonest abuse committed by a person who would have to have some kind of expected behavior on the victim and abuse that condition to obtain a dishonest result, but in real terms it is still abuse, it gets worse when the abuser has certain characteristics, some kind of power over the victim, some relationship of familiarity or if he coexists with the mother, if he is a relative, but they are good words.

Femicide

I clarify the lawyer that the figure of femicide is not incorporated as a criminal figure, “is a word that was imposed by feminist movements, women’s struggle in frequent, are words that have a strong symbolic content, now in our Criminal Code the word femicide does not appear, it is an aggravated homicide and our CP speaks of the aggravation that has to do with the gender issue, the crime that is carried out because of the gender condition of the victim which is the same aggravating if it is done by the question linked to race, creed, sexual orientation and so on, is an aggravating factor, but the word does not appear is a construction that also has a strong symbolic condiment that also needs to be explained, especially in the cases we have Femicide was not easy to impose. “

Exemplary referring to the case of Lucia Maidana clarifying that it is labeled as “qualified homicide, for the treachery and others, but as we do not have a strong suspect and eye with the link because there does not necessarily have to be a sentimental bond that is what they told us in the court, do not keep saying that it is a femicide because then it is like saying that the groom killed him, when in fact it has nothing to do with it is much more complex because what we are analyzing when we talk about femicide is that the victimizer kills that woman because of her condition as a woman, because for him the fact of being a woman makes them less valuable, less respectable or hates her because of that fact or believes she has the right to kill or discard it “.

“Then it is a condition that has more to do with the victimizer. In these cases when there is no link, it is not the boyfriend, because when it is the boyfriend, the former couple is easier to say this is clearly a femicide, it is the consequence of a string of acts of violence and becomes femicide, but in others cases is more complex then there is important, for example, the skills that are made about the perpetrator. In the case of Lucía Maidana, the skills on the first suspect indicated that she had a strongly misogynistic condition, so if the DNA had coincided, it would have been easy to aggravate her conviction for that condition because we can foresee that due to her personality characteristics she is a subject with a large disdain for women, but as it was not the case he is not, according to DNA, the killer. We still do not know who it is we would have to analyze it at the time. Because of the characteristics of the crime, because of the ferocity we are clearly talking about a femicide, but in procedural terms these are the things that must be taken into account.

Antonella case

He considered it interesting to know the declaration of Antonella’s femicide suspect, “beyond the previous link, because I insist, we can not reduce the femicide to which they had a sentimental or amatory bond, but in this case in specific and from the reading that is made from the statement I do not know if the journalist or the indagatory statement, what could be seen there is that beyond wanting to victimize is an ethical strategy. His words are words that are strategically said, he was probably advised for that in order to remove the aggravating circumstance, because what he wants is to detach himself from intentionality in order to have a less severe punishment, to say that this was a homicide to cover another crime, which could be a homicide’criminis causa’ that was accidental a preterintención, that there was an act of violence but no intention of killing it, points more for that side. I think that in this there must be some advice to install their action, because we also know that social pressure is strong when it is a crime of this type and many times the ethical strategy is to dirty the victim, because this is what they are looking for, or to question his honor and on the other hand to get rid of this aggravating factor that would be the question of gender, violence or the link “.

EP / EJ

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