They upheld the sentence of the penitentiary who raped an inmate when he went to put an electronic anklet on her

The Federal Chamber of Criminal Cassation confirmed in the last hours the sentence to 8 years and 6 months from jail to Fernando Victor Alfonzoa former officer of the Federal Penitentiary Service (FPS) who sexually abused of a woman under house arrest when he went to place a monitoring bracelet at home in the Moreno party. The attack took place in 2019.

This is how the judges decided Mariano Borinsky there Juan Carlos Gemignanimembers of chamber III of the court, who rejected the appeal filed by Alfonzo’s defense and confirmed the decision rendered in September 2021 by the Federal Oral Criminal Court No. 2 of San Martín.

The case began on February 27, 2019. Alfonzo, who was then deputy third class of the SPF and member of the technical team of the Directorate of Assistance to Persons under Electronic Surveillance (DAPBVE) of the Ministry of Justice and Human Rights of the Nation, traveled to the victim’s home, in the town of La Reja, to install the electronic ankle bracelet, as decided by the Federal Oral Court No. 5 of San Martín in the context of a matter of human trafficking.

Three days later, on March 2, the defendant returned home because the surveillance equipment had been misplaced. The next day, as the trial proves, he again appeared on the scene and, after extort the wife, forced her into his Volkswagen Bora, where he sexually assaulted her with an oral carnal outburst. That’s not all since the former prisoner returned on March 7, 8 and 28 and he raped her again: on these occasions, he intimidated her with “Issuing influential reports to have the benefit of house arrest revoked.”

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After seeing what was happening, one of the victim’s daughters convinced her to file a complaint. Federal Court No. 2 of Morón and Federal Public Prosecutor’s Office No. 1 responsible for Sebastien Basso. Alfonzo was charged with the crime of sexual abuse by carnal accessaggravated by having been committed by an agent of a security force while on duty.

The oral and public debate took place two years later. There, the Public Ministry pointed out on its institutional website www.fiscales.gob.ar, the fact was accredited and the TOF No. 2 of San Martín condemned Alfonzo sentenced to 8 years and 6 months in prisonadded to the special perpetual ban on serving as a member of a security or police force.

Against this decision, the defense of Alfonzo appealed, considering that the decision was based on the statements of the victim and his daughter, and that he had been excluded from the evidence which called into question dude the existence of the fact denounced. In this presentation, it was also added that it was impossible for his defendant to be able to manipulate the signal from the electronic ankle bracelet.

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In resolving the issue and rejecting this proposition, Judge Borinsky indicated that “the joint evaluation of all the evidence and indications set out above in the preceding paragraph allows the commission of the crime to be deduced by Alfonso.

In this regard, he pointed out that the decision of the court of first instance “has no flaws in logicconstitutes a reasoned derivation from the law in force and is based on the proven facts of the case, without the Appellant having been able to prove in this case the arbitrariness it alleges”.

“The version of the facts presented by the victim is corroborated by other evidence duly assessed by the court a quo in the decision-making here examined”, declared the magistrate in his resolution, to which his colleague adhered. Therefore, it is necessary to “dismiss the existence of a state of doubt which must be decided in favor of the defendant”, concluded the judges.

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