1st July 2024

Equality Now submitted an Amicus Brief Supreme Court of Justice of the Nation of Argentina: Case M.S. – Group Rape in Chubut, Argentina 

Court Documents End sexual violence Latin America and the Caribbean

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This amicus curiae is submitted with the purpose of collaborating with the Honorable Supreme Court of Justice of the Nation of Argentina by providing crucial elements for the debate and resolution of the litigation concerning the case of M.S., who was a victim of a group rape at a party in 2012, when she was 16 years old, in the province of Chubut. Despite the testimonies of eyewitnesses who confirmed the victim’s inability to move due to excessive alcohol consumption and directly observed the act, only three of the six aggressors were prosecuted and subsequently acquitted.

What’s in it?

  1. Lack of Gender Perspective: The criminal process failed to incorporate a gender perspective, neglecting the context of discrimination and structural inequality faced by women in various spheres of society, including the unequal power relations between the victim and the perpetrators.

  2. Institutional Violence and Gender Stereotypes: The court’s decision was based on gender stereotypes that place responsibility on the victim, contravening international standards on due diligence and empathetic neutrality. Notably, one of the judges stated that women “often deserve to be raped” based on their conduct, attire, and behavior, which is unacceptable and demonstrates a clear violation of the victim’s rights.

  3. Incorrect Presumption of Consent: The court ignored key evidence regarding the unconscious state of M.S. from alcohol consumption, which impaired her volitional capacity, preventing free and conscious consent. Nevertheless, it was unjustly presumed that the victim had consented.

Who’s it for?

  • Supreme Court of Justice of the Nation of Argentina
  • Law and policymakers
  • Legal professionals
  • Government institutions

Key takeaways and recommendations

  • Review and Overturning of the Sentence: We request that the Court consider the arguments presented, as well as relevant jurisprudence and international treaties, to overturn the ruling of the Superior Court of Justice of Chubut.
  • Incorporation of International Standards: We ask that all relevant standards of International Criminal Law and International Human Rights Law be ordered to be adopted. It is imperative to implement a gender perspective in all cases of sexual violence throughout the criminal process, ensuring the absence of discriminatory stereotypes and securing true and effective justice for the victim.

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1 July 2024

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Court Documents
End sexual violence
Argentina
Latin America and the Caribbean

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