IMPUNITY: The Buenos Aires justice system dismissed Yasmín's complaint against the transvestite who rubbed his genitals on her face

On Thursday, November 27, at 9 a.m., in the San Martín Criminal Court No. 1, the case investigating the assault suffered by Yasmín Arabena Toledo while the young woman was distributing La Libertad Avanza flyers was solved.

The prosecutor decided to drop the charges against Cristian Godoy, the transvestite identified as the perpetrator of the harassment that was recorded on video. The footage clearly shows how "Cris" puts his genitals in Yasmín's face while the young woman tries to shield herself on the ground. However, for the prosecutor, this was not sufficient evidence.

The victim arrived at the trial after days of pressure, because the group supporting the accused harassed her so she would not appear, threatening her and publicly delegitimizing her testimony. None of this was taken into account by the justice system.

According to the case file, the criminal lawyer from "La Púrpura" —the group that supported Yasmín— warned that what happened "can't be overlooked." He also pointed out that these actions are repeated: "Crime after crime at every demonstration", highlighting the systematic violence exercised by radicalized sectors of LGBT activism.

An accused who mocked the victim

The hearing began with the testimony of a 28-year-old man who witnessed the events. The prosecutor asked for permission to address him informally and then questioned him about the political context: "Were you campaigning? Were there upcoming elections?"

The witness confirmed everything. His account was forceful: about twenty people formed a barrier, prevented anyone from helping Yasmín, and assaulted her with spitting, insults, and alcohol. In the midst of that circle, the accused —Cristian Godoy— performed an "erotic dance," bringing his genitals close to the victim's face.

While the witness was testifying, "Cris" laughed. The transvestite made faces, put on perfume, looked at his black nails, applied cream, and did not hide his contempt for the judicial process. The attitude was so obvious that his own lawyer had to ask him to calm down.

When it was the victim's turn to testify, the prosecutor insisted on minute details about the contact: whether she saw his genitals, whether there was physical contact, whether it was just centimeters away. That ridiculous distinction —whether there was contact or if it was just barely separated— would end up deciding everything.

The argument that turned the case around

At the end, the prosecutor announced that he would drop the charges, which caused disappointment for many but surprise for few. "The crime of sexual abuse doesn't match what was presented," he said.

He argued that what happened could have been "controversial or lewd," but he interpreted it as "an act of protest".

He added that the "vulnerability" indicated by Yasmín's psychological evaluation did not imply sexual abuse. He stated that the victim had a "taboo" with sexuality and that only because of this was she more vulnerable in such a situation. With that interpretation, he dismissed the entire case.

Neither the group violence, nor the prior harassment, nor the testimonies, nor the images were enough to support the accusation. The prosecutor basically argued that Yasmín, because she had a "right-wing ideology," might have exaggerated the situation.

A final threat and two Argentinas at odds

Before leaving, Godoy addressed the group accompanying Yasmín directly:
"Justice is not social media... and you'll be hearing from me," said the transvestite who assaulted Yasmín, in a defiant tone.

Meanwhile, outside the scene was divided. There were those who celebrated the accused with hypersexualized dances and Palestinian flags. Across from them were those supporting the victim, Argentinians who sang the national anthem and gathered to support Yasmín.

The accused, after being cleared in the case, spoke to the people who came to support him. Far from feeling guilt or remorse for his actions, he justified them once again.

The ruling left a clear message: Yasmín faced a system alone that chose to look the other way, while the aggressor left the court with the same impunity these groups have maintained for years.