A lawyer abused his 6-year-old granddaughter, but Justice released him for having “good social concept”

Courtesy La Reforma

A court ruling that benefited an abuser generated outrage in The Pampa this week. Julio César Pagella, a 65-year-old lawyer that he abused for years of his six year old granddaughter was benefited with the possibility of complying three years of conditional prison, against the five effective imprisonment that the prosecution had requested. Even though the man pleaded guilty and the crime was proven, the judge of General Pico, Maria Jose Gianinetto, considered that it has a “Good social concept”.

The case had been labeled as simple aggravated sexual abuse for having been committed by an ascendant on a continuous basis. Julius Caesar Pagella was sentenced as perpetrator of the crime to 3 years in prison of conditional execution under different mitigating arguments on the part of the judge, detailed the local media Info Huella.

General Pico's trial hearing judge, Mar & # xed; a Jos & # xe9;  Gianinetto,

General Pico’s trial hearing judge, María José Gianinetto,

General Pico’s trial hearing judge, María José Gianinetto,

The defendant had already been declared the material author of the aforementioned crime at the conclusion of the oral debate, but since it was a caesura trial – that is, the trial was divided into two parts – the penalty imposed by the court was known on Wednesday.

It had previously been proven -without being able to specify the date, but before July 17, 2018- that the accused had abused his granddaughter with touching. In the final arguments, the prosecution requested a five-year prison sentence for the accused and the complaint adhered to that request, while the defense requested three years of suspended prison, according to the newspaper La Arena.

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The judge’s mitigating arguments were that Pagella does not record a conviction, that “the witnesses provided by the defense have stated that is a person of good social concept, involved even with causes of significance in society of Victoria, as it was collaborating in the creation of the Chamber of Commerce and the Association of Indigenous Peoples, aimed at the recognition and visibility of their rights ”.

Furthermore, Gianetto argued that Pagella “he still practices his legal profession to this day, and he is already retired from his work as a teacher ”and considered that it is in part breadwinner for your family and that he even gives the girl’s father a job so he takes care of the needs of his granddaughters and grandsons, on the other hand, he included that the accused has his oldest son in his care, who has an “intellectual disability.

The judge indicated that “Although it was a continuing crime, having considered the occurrence of acts of sexual abuse as proven, I must remember that it was the form of simple sexual abuse (…) the damage caused has not represented a degree that justifies the request of the prosecution ” and said that the victim’s psychological examination found “emotional involvement”, but not “traumas or disorders.”

The Pampean Forum for the Rights of Children and Adolescents, rejected the sentence, as reported today by the local newspaper La Arena de La Pampa.

Neighbors of Victorica demonstrated against the ruling that left & # xf3;  Free the lawyer convicted of abusing his 6-year-old granddaughter

Courtesy La Reforma

Neighbors of Victorica demonstrated against the ruling that freed the lawyer convicted of abusing his 6-year-old granddaughter (Courtesy La Reforma /)
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“We hold and we are clear that the Pampean society should not allow or endorse this type of unjust convictions that in no way repair the damage caused. We want a fair justice for children and adolescents where the law is applied without prejudice or preconceptions and without privileged contacts, ”the Forum said in a statement. In addition, it was highlighted: abuse leaves footprints that are difficult to cope with and heal, with a violation of rights that we cannot fail to consider. For all this and in pursuit of a fairer and more equitable society for girls, boys and adolescents, this Forum accompanies the victim’s family in their demand for justice ”.

Peaceful demonstration and threats to journalists

Gianinetto’s decision, which the girl’s family will appeal, had a great impact on the town of Victoria. On Wednesday there was a large demonstration of families, according to local media, who approached the judge’s court and put up posters for her to review her ruling. “If it had been your daughter, what would have been your decision?” One of them prayed. In addition, the faces of the magistrate and the abuser Pagella went viral on social networks.

When the local media came out to reflect the opinions of Victoria residents, a journalist, Beto Ayala, director of Radio Loventué and the digital space With the Soul News, received an anonymous threat by telephone, and yesterday morning a threatening handwritten letter was left under the door. Both events, repudiated by the Pampa Press union (SIPREN), are being investigated.