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Argentina Courts Uphold Doctrine That Silence Is Not Consent in New Child Abuse Convictions

This month’s rulings cement a doctrine rejecting any interpretation of victim silence or paralysis as consent in sexual abuse trials.

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Overview

  • The Cámara Nacional de Casación reversed an earlier acquittal and convicted 25-year-old Federico Benítez of “abuso sexual con acceso carnal” against a 16-year-old, finding her silence and paralysis reflected coercion rather than consent.
  • A Río Tercero tribunal sentenced a 50-year-old father to 15 years and 10 months’ imprisonment for sexually abusing his five daughters between 2017 and 2023.
  • Authorities in Palpalá have charged an 18-year-old with threatening, assaulting and knife-wounding a 17-year-old after she refused his advances near the bridge on calle África.
  • In San Luis, police detained a 50-year-old suspect accused of drugging and raping a 15-year-old boy, who survived by sending his location to relatives.
  • Ongoing probes in La Plata, Frías and Los Flores include passenger intervention in a bus groping case, a reported gang assault on a 12-year-old student and the arrest of a 36-year-old fugitive wanted for abusing his stepdaughter.