After just over three months in prison, Axel Andrade, prosecuted for the crimes of equal rape and human trafficking in the form of child pornography, has won his freedom. The young man was criminally denounced by Ainara Suárez for having participated in the group rape of which he was a victim on May 25, 2018. For the convicted person, who was a minor at that time, the options were imprisonment for two years and two months in the East Men’s Preventive Prison in Mexico City or assisted freedom under the promise that he will take psychological therapy, courses and sessions on “gender perspective, new masculinities, sexuality and violence against women” during that same period. The judge has opted for assisted freedom, an alternative that will also involve the collaboration of the defendant in the investigations opened on the case in addition to the payment of financial compensation in favor of the victim.
Suárez has celebrated the ruling. “This was resolved in an abbreviated process to avoid the revictimization of a trial that is something that I really did not want to go through,” said the young woman through her social networks. “One of my rights as a victim is the right to the truth and thanks to the fact that he admitted his responsibility for the crimes against me, I have the right not to be able to continue questioning whether it did or did not happen.” However, the now 19-year-old girl acknowledges in the last moments of the recording that “three of her assailants are still missing.” At that party where alcohol abounded and read selfies, four boys raped her with a bottle of champagne and recorded and broadcast the video on all platforms, among strangers and also among relatives.
Suárez’s defense lawyer, Javier Schütte, has explained that the criminal treatment of adolescents is radically different from that of adults, in this case the maximum penalty applied to a minor is three years. The litigant has warned that the breach of any condition included in the assisted freedom by the young man will imply a new detention in the East Men’s Preventive Prison. However, Schütte recognizes that the system that applies to adolescent offenders has a series of “benefits” and “considerations” that are unparalleled with the procedural system that applies in cases of adults. The penalties for minors more than a punitive interest pursue socio-educational purposes.
Within the conditions of the Suárez case, his defense insists that the resolution “corroborates that what Ainara experienced was a violation and that no one has the right to touch the body of a person who does not have the capacity to consent, understand or resist the act ”, added Schütte. Andrade, who is now of legal age, was arrested last July at the capital’s airport when he tried to flee to the United States.
one of my assailants ACCEPTED HIS RESPONSIBILITY for the crimes of equated rape and pornography committed against me, with a sentence of 2 years, 2 months and 22 days that he will serve in assisted freedom
I feel very satisfied knowing that there is justice and the truth is known 💜
– ainara suárez🧙🏽♀️ (@ainara_fonte) November 20, 2021
The aggression against Suárez escalated after the influence mexican Yoseline Hoffman, known as YosStop, echoed the recording through his YouTube channel. Hoffman described, in a video on his channel on this platform, what he considered to be a “pathetic generation” and Suárez as a “whore” for having consented to that attack, in addition to accusing her of wanting to attract attention and of being a liar for denouncing the violation in their networks. At that time the influencer had about 5.6 million subscribers on her channel and videos with almost 10 million views. In his complaint, Suárez points out that from that moment he began a campaign of harassment against him, during which time he had to endure death threats, insults and even physical attacks from other adolescents.
For this reproduction of an attack on a minor – Suarez was 16 years old at the time – the youtuber Yosstop she was charged and arrested last June for child pornography. From jail, Hoffman, 30, has defended his innocence and has assured that he was unaware that the images he viralized corresponded to a sexual attack, much less that it was a minor. “I am proud, foolish, arrogant, but I have never hurt someone with intention,” she has expressed in the messages transmitted by family and friends who visit her in the Santa Martha Acatitla prison, south of the capital.
“The period of the complementary investigation has already closed and the term is running for the Prosecutor’s Office to present its accusation, these are crucial moments in this process,” said Schütte, about the Hoffman process, who follows a different treatment for being older than age. The crime of child pornography is condemned with penalties ranging from 7 to 14 years in prison. Last September, the authorities of Mexico City arrested another allegedly implicated in the sexual attack against Suárez, who, like Andrade, will be tried as a minor.
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