Photo: Alejandro Santa Cruz.
The Boca Juniors footballer sebastian villawho last Friday was convicted in a case of gender violence against his ex-partner in 2020, He will now be subjected to another oral trial but for the sexual abuse of a 26-year-old girl in June 2021 in a gated community in the Buenos Aires town of Canning, judicial sources reported today.
The decision was adopted by the judge of Guarantees 2 of Lomas de Zamora, Javier Maffucci Moore, in a 20-page resolution to which Télam had access, in which he questioned Villa’s defense (27) for resorting to his arguments to avoid the judgment “of one of the habitual stereotypes of the patriarchal system that still persist in the social imagination and that tend to naturalize the aggressions against women and hold them responsible for the damage”.
In this way, the magistrate granted a request that had been made on May 12 by the prosecutor Vanesa González, from the decentralized Functional Instruction Unit (UFI) 3 of Esteban Echeverría, who required that the Colombian soccer player be tried for the crime of “sexual abuse with carnal access” to the detriment of Rocío Tamara Doldán (27)which provides for a penalty of up to 15 years in prison.
Judge Maffucci Moore’s resolution is dated this Sunday and was issued two days after the striker “xeneize” was sentenced to two years and one month in prison for exercising gender violence and threats against his then partner, Daniela Cortés, committed in April 2020, in the midst of the coronavirus pandemic.
After that sentence, the soccer player, who had been part of Boca’s professional soccer team until that same day and had even posed a few hours before in a photo with the rest of the team with a sign whose legend was “Not one less,” was separated from the institution by the authorities of the “xeneize” club and will no longer play there.
For the magistrate, the prosecutor’s opinion “contains the specific specifications of the time, manner and place in which the conduct accused of the accused was committed and an interpretation -minimal, by the way, but sufficient- of the evidence cited”, and he strongly questioned the defense of Villa, the lawyer Martín Apolo, for resorting to “stereotypes of the patriarchal system.”
“According to this belief, the sexual past is one of the variables to configure the crime. That is, if a woman has an active, free and unprejudiced sexual life, her own ‘irresponsibility’ neutralizes the behavior of the counterpart. I repeat that there would be there had been previous consensual relationships or that the encounters were only for sexual and occasional purposes, regardless of the non-existence of the denounced act,” the judge said.
The abuse
According to the prosecution, the event occurred between the night of June 26, 2021 and the early morning of the 27th, when Villa and Doldán, together with another group of relatives of the soccer player, were in a house in Country Venado II, located in the town of Canning, party of Esteban Echeverría.
“At a time when they were both in bed, the aforementioned Villa Cano began to insult Doldán, grabbing her by the hair and then slapping her in the face.” Prosecutor González pointed out in the letter, to which Télam had access.
For the prosecutor, Villa put the victim “in a defenseless state, thus preventing her from leaving the place,” as she wished.
In his complaint, The young woman explained that that night the footballer had consumed “a lot of alcohol” and began to reproach him for suspecting that he liked them or that he had been with other players from the “xeneize” squad.
After having a strong argument, the young woman said that Villa locked her in a room, sexually abused her and tried to suffocate her.
After having a strong argument, the young woman said that Villa locked her in a room, sexually abused her and tried to suffocate her.
For Villa’s defense attorney, Apolo, the event was a “practice of sexual relation that united the parties implied practices of BDSM, that is to say, bondage, discipline, domination, submission, sadism and masochism”.
Judge Maffucci Moore indicated in this regard that the defense considered that it was a “consensual relationship and that the victim was lying”, but the magistrate explained that “it does not necessarily imply that consent was also mediated on the questioned occasion.”
Meanwhile, in relation to the statements of the doctors who treated Doldán at the Penna Hospital after the fact investigated, where according to the file “no physical signs of abuse were found”, the judge indicated that “they did affirm that the accused He stated that he was in pain and for this reason analgesics were prescribed.”
“Here another of the stereotypes to which I have referred before comes into play, this time that there is only abuse when the woman is injured. That is a holdover from 19th-century legislation that required force on the part of the perpetrator, resistance on the part of the victim, and material marks of abuse,” he argued.
Judge Maffucci Moore stated that “the defense argues that Doldán is lying because after the event occurred, she continued as if nothing had happened, she went to another party and those who saw her said that she was calm. Once again prejudices, the complaint must be immediate, and the temperament as soon as the event has occurred and when reporting must include crying, screaming, desolation, sadness, anguish, or going around telling everyone what happened, etc.
According to the investigation, the day after the event, Villa himself and his entourage contacted the victim with the aim of meeting to offer him money in exchange for not making the complaint.
An audio and a video were incorporated into the case where the Boca player is heard talking to her about a “deal”, allegedly alluding to not reporting it in exchange for a sum of money.
“Supposedly we closed. We made a deal, right? You are a woman of your word, right? I am a man of my word,” Villa is heard saying to Doldán in the video.
That 53-second video arose from a secret filming made by Doldán during a talk he had with Villa in a restaurant in the Puerto Madero neighborhood of Buenos Aires.
According to the testimonial statements, a friend of Villa managed to give Doldán five thousand dollars.
According to the testimonial statements, a friend of Villa managed to give Doldán five thousand dollars.
“I’m not like that, you know I love you very much. Let’s see each other and talk please,” the footballer begged him in an audio sent via WhatsApp prior to the meeting.
While, Villa denied the fact in his investigative statement before the prosecutorcarried out on June 30 of last year.
“I have never committed the fact that you read me, I am a calm person, I would never abuse a woman, because I come from a woman,” the Colombian explained at the time.
“I have never committed the fact that you read me, I am a calm person, I would never abuse a woman, because I come from a woman”(A)
“Victims of sexual abuse tell when they can and how they can and none of these circumstances can affect the credibility of their testimony.without prejudice to the fact that it is appropriate to assess whether their statements are endowed with subjective and objective credibility,” the judge concluded in his ruling.
Villa was sentenced to two years and one month in prison for exercising gender violence against his ex-partnerfor which Boca Juniors officially announced the decision that the striker no longer play for the club until the final judicial pronouncement is made.
