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In Peru, Justice in Sexual Assault Cases Called a ‘Lost Cause’ | In Peru, Justice in Sexual Assault Cases Called a ‘Lost Cause’ |
(2 days later) | |
LIMA, Peru — During the Miss Peru pageant last year, a contestant, Alessandra Bonelli, said on television that her personal trainer had sedated and raped her in 2015. | LIMA, Peru — During the Miss Peru pageant last year, a contestant, Alessandra Bonelli, said on television that her personal trainer had sedated and raped her in 2015. |
Ms. Bonelli reported the attack but said in a recent interview that investigators “made me feel guilty for what happened.” She said she had voluntarily accepted a glass of whiskey that, without her knowledge, contained a muscle relaxant. | Ms. Bonelli reported the attack but said in a recent interview that investigators “made me feel guilty for what happened.” She said she had voluntarily accepted a glass of whiskey that, without her knowledge, contained a muscle relaxant. |
Making matters worse, it took two years to complete a DNA test on her underwear, according to documents filed in the case. The tests showed that the semen on the garment was almost undoubtedly the trainer’s and the case is now pending. | Making matters worse, it took two years to complete a DNA test on her underwear, according to documents filed in the case. The tests showed that the semen on the garment was almost undoubtedly the trainer’s and the case is now pending. |
“Most people here don’t even try to pursue their own cases,” said Ms. Bonelli, 26, adding that the stress had left her reliant on sleeping pills for a long time and unable to work for a year and a half. “They know it’s a lost cause and lost time.” | “Most people here don’t even try to pursue their own cases,” said Ms. Bonelli, 26, adding that the stress had left her reliant on sleeping pills for a long time and unable to work for a year and a half. “They know it’s a lost cause and lost time.” |
Ms. Bonelli’s is only one of several prominent examples of sexual assault cases in Peru that have left victims and their advocates seething. | Ms. Bonelli’s is only one of several prominent examples of sexual assault cases in Peru that have left victims and their advocates seething. |
“If it is still so hard to make authorities understand blatant violence or rape, can you imagine how much work there is to do before they can recognize other forms of aggression like harassment?” said Indira Huilca, a left-leaning member of Congress. | “If it is still so hard to make authorities understand blatant violence or rape, can you imagine how much work there is to do before they can recognize other forms of aggression like harassment?” said Indira Huilca, a left-leaning member of Congress. |
Since 2009, the number of men accused of killing women has quadrupled, according to government statistics. In 85 percent of those cases, the victim was a current or former wife, girlfriend or partner. | Since 2009, the number of men accused of killing women has quadrupled, according to government statistics. In 85 percent of those cases, the victim was a current or former wife, girlfriend or partner. |
Last month, according to the authorities, a man named Carlos Hualpa followed a former colleague, Eyvi Ágreda, on to a public bus and doused her with gasoline that he had concealed in a yogurt container, then set her on fire. More than half of her body was burned, and she remains in intensive care. | Last month, according to the authorities, a man named Carlos Hualpa followed a former colleague, Eyvi Ágreda, on to a public bus and doused her with gasoline that he had concealed in a yogurt container, then set her on fire. More than half of her body was burned, and she remains in intensive care. |
Mr. Hualpa’s lawyer told reporters that his client had become infatuated with Ms. Ágreda but “she was not paying attention to him.” | Mr. Hualpa’s lawyer told reporters that his client had become infatuated with Ms. Ágreda but “she was not paying attention to him.” |
Like several other countries in Latin America, Peru has a criminal statute for “femicide,” the crime of killing a woman or girl because of her gender. But it can be difficult to prove. Mr. Hualpa is being investigated for attempted femicide. | Like several other countries in Latin America, Peru has a criminal statute for “femicide,” the crime of killing a woman or girl because of her gender. But it can be difficult to prove. Mr. Hualpa is being investigated for attempted femicide. |
Social norms have yet to catch up with the legal standards, advocates say. Last year, a congresswoman, Maritza García, was forced to resign from her position leading a legislative committee on women and families after saying women “sometimes give men the opportunity” to kill them. | Social norms have yet to catch up with the legal standards, advocates say. Last year, a congresswoman, Maritza García, was forced to resign from her position leading a legislative committee on women and families after saying women “sometimes give men the opportunity” to kill them. |
“Many times, you can have an aggressor who is acting totally normal and, suddenly, the woman makes him flip out by telling him: ‘I’m leaving you’ or ‘I’m cheating on you,’” Ms. García said. “Those phrases should never be said by a woman.” | “Many times, you can have an aggressor who is acting totally normal and, suddenly, the woman makes him flip out by telling him: ‘I’m leaving you’ or ‘I’m cheating on you,’” Ms. García said. “Those phrases should never be said by a woman.” |
One of the most notorious cases of sexual violence in recent years was in 2015 when Adriano Pozo was recorded attacking his girlfriend at the time, Arlette Contreras, at a hotel after a birthday party. | |
“I’m going to make love to you,” he told her, according to court papers. When she refused, he said, “Then I will rape you.” | |
At that point, Mr. Pozo pushed her to the floor, according to the court records. He choked her as she tried to resist, a medical report found. He allegedly threatened to kill her. | At that point, Mr. Pozo pushed her to the floor, according to the court records. He choked her as she tried to resist, a medical report found. He allegedly threatened to kill her. |
Ms. Contreras, a young lawyer, managed to escape from the hotel room. But Mr. Pozo, who was naked, chased her down to the lobby while being recorded by multiple security cameras. | Ms. Contreras, a young lawyer, managed to escape from the hotel room. But Mr. Pozo, who was naked, chased her down to the lobby while being recorded by multiple security cameras. |
At one point, Mr. Pozo dragged Ms. Contreras by her hair as a hotel worker tried to intervene. | At one point, Mr. Pozo dragged Ms. Contreras by her hair as a hotel worker tried to intervene. |
Mr. Pozo’s lawyer, Juan Carlos Portugal, denied the death threat and said his client, too, was hurt. | Mr. Pozo’s lawyer, Juan Carlos Portugal, denied the death threat and said his client, too, was hurt. |
“In our opinion, this is a domestic matter involving infidelity, the details of which I cannot reveal for reasons of gentlemanliness,” he said. “Dragging her doesn’t mean he’s going to kill her, punching her doesn’t mean he’s going to kill her.” | “In our opinion, this is a domestic matter involving infidelity, the details of which I cannot reveal for reasons of gentlemanliness,” he said. “Dragging her doesn’t mean he’s going to kill her, punching her doesn’t mean he’s going to kill her.” |
When Mr. Pozo, the son of a City Council member in the Andean city of Ayacucho, where the attack occurred, was arrested, he was recorded on a video telling the police, “Do you know who my father is?” | |
At trial, a panel of three judges, two of them men, concluded that they “had not observed in the accused hatred or rancor toward women.” | |
On appeal, two other judges, a man and a woman, also acquitted Mr. Pozo. They cited a diagnosis of borderline personality disorder and said Mr. Pozo was “not capable of raping or attacking other people.” | On appeal, two other judges, a man and a woman, also acquitted Mr. Pozo. They cited a diagnosis of borderline personality disorder and said Mr. Pozo was “not capable of raping or attacking other people.” |
“If in my case I can’t find justice, I don’t want to even imagine what happens behind closed doors, in a dark room with no witnesses or cameras,” Ms. Contreras said. | “If in my case I can’t find justice, I don’t want to even imagine what happens behind closed doors, in a dark room with no witnesses or cameras,” Ms. Contreras said. |
Last year, Ms. Contreras was presented with an award by Melania Trump, the first lady, and named one of Time magazine’s 100 Most Influential People. But at home in Ayacucho, she faced harassment. She moved to Lima, the capital, and even now dyes her hair different colors to avoid being recognized. | |
In seeking to convict Mr. Pozo for attempted femicide, prosecutors did not charge him with the lesser offense of assault, which would have been easier to prove. They have defended their decision, and Mr. Pozo is still a free man. | |
Ms. Contreras now faces an even greater problem: At the urging of Mr. Pozo’s lawyers, prosecutors in Ayacucho have asked that Ms. Contreras be jailed for three years for allegedly providing a fraudulent document regarding her employment status. | Ms. Contreras now faces an even greater problem: At the urging of Mr. Pozo’s lawyers, prosecutors in Ayacucho have asked that Ms. Contreras be jailed for three years for allegedly providing a fraudulent document regarding her employment status. |
Two advocacy organizations for women said that the prosecution of Ms. Contreras was an attempt at retaliation. | Two advocacy organizations for women said that the prosecution of Ms. Contreras was an attempt at retaliation. |
“The impunity in Peru for cases of gender violence is of public knowledge,” they said. “She’s going from victim to accused.” | “The impunity in Peru for cases of gender violence is of public knowledge,” they said. “She’s going from victim to accused.” |
The outcome in Ms. Contreras’s case led thousands to take to the streets in 2016 under the slogan Ni Una Menos (Not one woman less), which has become a rallying cry in the region to confront violence against women. But little has changed. | The outcome in Ms. Contreras’s case led thousands to take to the streets in 2016 under the slogan Ni Una Menos (Not one woman less), which has become a rallying cry in the region to confront violence against women. But little has changed. |
Last October, Jennifer Villena was volunteering as a census worker in Lima when she entered the house of Marco Luza, who raped her. | Last October, Jennifer Villena was volunteering as a census worker in Lima when she entered the house of Marco Luza, who raped her. |
“‘It’s been a while since I’ve been with a woman,’” she recalled Mr. Luza saying. | “‘It’s been a while since I’ve been with a woman,’” she recalled Mr. Luza saying. |
After his arrest, Mr. Luza told reporters that anything that happened had been consensual. | After his arrest, Mr. Luza told reporters that anything that happened had been consensual. |
“She would have screamed if it had been against her will,” he said. Last month, Mr. Luza was sentenced to six years in prison for rape. | “She would have screamed if it had been against her will,” he said. Last month, Mr. Luza was sentenced to six years in prison for rape. |
The attack on Ms. Villena, one of about 180,000 volunteer census takers working that day, prompted an outcry. Peru’s minister for women visited Ms. Villena and then wept. The top census official was fired. | The attack on Ms. Villena, one of about 180,000 volunteer census takers working that day, prompted an outcry. Peru’s minister for women visited Ms. Villena and then wept. The top census official was fired. |
But while Ms. Villena found a measure of justice, her life took a turn for the worse. Her boyfriend left her, accusing her of cheating and embarrassing him. Customers at her retail job shunned her. She left that job and got evicted and now lives in a one-room apartment with her four children. | But while Ms. Villena found a measure of justice, her life took a turn for the worse. Her boyfriend left her, accusing her of cheating and embarrassing him. Customers at her retail job shunned her. She left that job and got evicted and now lives in a one-room apartment with her four children. |
“How are women supposed to feel empowered when we are treated like this after going public?” Ms. Villena said. “I still feel ashamed when I go on the streets.” |