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Argentina Supreme Court Voids Priest’s Conviction, Raising Alarm for Other Abuse Cases

The ruling sets a precedent that could see other clerical abuse prosecutions thrown out under the country’s statute-of-limitations rule.

Denunciante. Batallán en la manifestación afuera de la Corte.
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Overview

  • On July 1, the Supreme Court of Argentina overturned the 25-year sentence against Father Justo José Ilarraz for sexual abuse, finding the crimes had prescribed after 12 years under Article 18 of the constitution.
  • Complainants Gustavo Batallán and Luis Monjes have voiced fear that their accusations against priest Eduardo López Márquez will be dismissed under the same prescription rationale.
  • The Court of Justice of Catamarca has scheduled an August 12 hearing for expressions of grievances to decide whether López Márquez’s key jury-trial case can proceed or is shelved by prescription.
  • López Márquez faces two separate judicial processes: a jury trial due to begin in July and a preliminary investigation conducted by local prosecutors, both challenged by his defense on statute-of-limitations grounds.
  • Child-rights advocates warn that strict application of prescription may conflict with international treaties classifying clerical sexual abuse as torture and leave survivors without effective legal recourse.