Singer Axel Patricio Fernando Witteveen was convicted before the Justice in Catriel, Río Negro, for the crime of simple sexual abuse for a fact that allegedly occurred two years ago. The indictment, brought before the judiciary on Wednesday, was first exceeded as a rumor and hours later it was ratified by the Prosecutor's Office in the province. "According to the victim's account, it would be a simple sexual abuse and it would have occurred in 2017," the court's statement says.
The charge against an artist is typified in "Article 119, first paragraph, of the Criminal Code". The lawyer Jorge Ponce specialist in sexual integrity crimes and a member of a non-governmental organization dedicated to this issue, explained to Infobae what exactly does the crime that Axel must make accounts and what punishment he could receive in the event of his guilt.
According to the Code – Attorney explained – Penalties between 6 months and four years in prison apply to those who "sexually abuse a person when he or she is under thirteen (13) years or when there is violence, threat, coercion or frightening abuse of a relationship between dependency, authority or power or exploiting the fact that for some reason the victim could not freely consent to the act. "
" In summary, it would be the lowest penalty. Of course, you have to look at every single case because there are aggravating factors. For example, if they were several times, if it lasted on time, if it was a minor. If the person who did it was in the care of the person and so on, "Ponce said.
Sources close to the victim yesterday confirmed to this media that "the abuse occurred at the place where the victim worked," and that they presented the Prosecutor's Office "a list of witnesses" .
Although Ponce emphasized that the wording of the Argentine Penal Code "is old" and is from the last century, no one today questions that it is of a crime that "leaves a scar that lasts forever" . "It's a life-long trauma and we have to be aware of it, because it's an indescribable fact."
Ponce specified, among other things, some of the aggravating factors that the crime could have and the penalties that It would imply.
In that sense, the lawyer pointed out that "if there was carnal access in any way, the penalty will be 6 to 15 years in prison" or "8 to 20 years if serious injuries occur due to the fact" in the victim's physical or mental health .
" Article 119 specifies the other aggravating factors," Ponce said. Another fact that the lawyer provides is that if the affected person is a major – as is the case with the singer – "there should have been physical contact ."
The second article, said the lawyer, referring to the violation of sexual integrity is 120. It was stated that "he will be oppressed with imprisonment or imprisonment of three to six years which made zare some of the measures provided for in article 119 second or the third paragraph with a person under sixteen (16), taking advantage of their sexual immaturity, because of the author's majority age, their primary relationship with regard to the victim, or other equivalent circumstances, provided it is not a more criminal offense . "
" Every person who is subject to abuse has a trauma and a wound that will follow him throughout his life. It is a situation of torture and for all tortured persons it is a serious case. It usually occurs in a trust relationship and this is based on a secret, "concluded the expert.