Man in a white tank top sitting on the grass next to a girl with a blurred face
ARGENTINA

A man will file a complaint against his ex after spending 4 years in prison due to a false accusation.

The ex-wife, from whom he was estranged, had falsely accused him of 'sexually abusing his daughter.'

On May 10, 2021, Ezequiel Ríos was arrested in La Plata accused of allegedly sexually abusing his daughter, in what was later proven to be a false accusation.

The accusation had been filed by his ex-wife in the context of a contentious separation process and quickly led to a criminal case that kept him unjustly imprisoned for more than four years.

Since then, Ríos's life has been marked by a true judicial ordeal. The initial investigation was based on "testimonies" gathered in the Family Court and on a key element: the Gesell Chamber in which the minor testified. However, that evidence ended up being challenged by the defense, which detected irregularities that undermined the accused's right to defense.

The child's statement was taken during the COVID-19 pandemic, under unconventional conditions: the usual Gesell Chamber protocols were not followed, but instead, it was conducted through videos without defense supervision. This factor was crucial during the oral trial, since the evidence was affected by grounds for nullity.

Man in a blue suit reviewing documents at a table while two women talk in the background in an office
The trial | La Derecha Diario

"It was a completely irregular process, where the defense's voice was never heard and where an attempt was made to build a case based on an invalid procedure," stated Matías Pietra Sanz, the attorney who took on Ríos's technical defense.

The attorney emphasized that the accusations arose after the couple's separation and pointed to evidence suggesting it was a maneuver to remove him from his daughter's life.

During the oral trial before the Oral Criminal Court III of La Plata, composed of judges Andrés Vitali, Ernesto Domenech, and Santiago Paolini, prosecutor Leila Aguilar made a decisive decision: she withdrew the accusation against Ezequiel Ríos.

This step did not imply a failure to fulfill her duties, but quite the opposite. Prosecutors must act objectively and are not required to uphold a charge without solid evidence. In practice, this means that, in the absence of sufficient probative elements, the Public Prosecutor's Office can and must withdraw the accusation.

"When the prosecutor realized there was no probative evidence, she did what was appropriate: she withdrew the accusation because what was at stake was the freedom of an innocent person," emphasized attorney Matías Pietra Sanz, the accused's defender.

A man in a white t-jersey is sitting on the grass next to a girl whose face is blurred.
The victim and her daughter | La Derecha Diario

The court's decision was firm: acquit Ríos and order his immediate release. After more than four years in prison, he regained his freedom, although with a life marked by the injustice he suffered.

"He was detained for more than 4 years due to a false accusation that arose in the context of a separation. This shows the seriousness of using children as instruments in couple conflicts and the need for the justice system to act swiftly and responsibly," Pietra Sanz stressed.

The attorney pointed out that the case leaves two important lessons: ensuring that evidence is obtained under valid conditions and remembering that criminal law should not become a tool for settling family disputes.

A "feminist" Justice

The case file also ultimately highlights the failures of a system that allowed a man to remain detained for years without sufficient evidence.

The irregularity in the Gesell Chamber, the delay in reaching the oral trial, and the devastating weight of a sexual abuse accusation against a father demonstrate the harm that a false accusation can cause, especially after years in which, from politics, directly feminazi campaigns were promoted that made these types of cases possible, where men, without evidence, are arrested without cause.

The defense emphasized that this case should not be interpreted as an obstacle for victims of sexual crimes to file complaints, but as a warning about the need for investigations to be conducted with the utmost rigor and respect for procedural guarantees.

Now, the man faces the challenge of rebuilding his life, restoring damaged family ties, and overcoming the stigma of having been unjustly deprived of his freedom. His acquittal also becomes a precedent on the importance of joint work between defense, prosecution, and judges to correct the course of cases that should never have gone to trial.

The defense told La Plata's digital media outlet "0221" that it will initiate legal action against the ex-partner for "false accusation" and will request sanctions for the investigating prosecutor and the Guarantees judge who intervened during the investigation stage.

➡️ Argentina

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