Diego Cruz, 21, was accused of sexually assaulting a classmate, identified as Dafne Fernández, as she left a New Year’s party. Cruz was one of the four young men who initiated the ordeal and all were said to be from prominent families in the coastal state of Veracruz.
According to reports, Cruz was cleared off the rape charge since “he did not enjoy his self”, Judge Anuar González stated, that the 21 year old’s participation was touching the victim’s breasts and penetrating her with his fingers. He stated that the attacker had acted without “carnal intent” – and so was not found guilty of assault.
He ruled that despite touching the girl without her consent, what Cruz did was ultimately “incidental rubbing” that it was performed without “lascivious intent.” González had also found that although the victim was forced into the car of one of her alleged attackers, she was never ‘helpless and did not resist the assault. Court documents also stated that only two of the other three suspects are accused of penetrating the victim.
Fernández’s furious father expressed his dismay regarding the case saying “Imagine, any adult can touch any person, of whatever age, and go free by saying it was not lascivious, and that there was no intent to have sex.”.
Human activists also raised concerns about marking a new low point in a case that has established a pattern that those with money and political connections are above the law, no matter what their committed crimes are.
