Ms Vargas would have recruited the minor, of 12 years old, promising to bring her to Argentina to study. After transferring her illegally, without documentation, passing her off as her daughter, the victim was receipt by the defendant for a labour exploitation making her perform servitude tasks at home, treating her bad, and not paying her what has been agreed.
The Case was initiated on 30th May 2011 following a presentation made to the Police Station by the minor, who went to there after the niece of a neighbour reported to the police the sayings of the minor regarding alleged beatings and abuses, of which she was victim.
The minor lived in Bolivia with her mother and seven siblings; her mother gave her the permission to go to Argentina with her aunt Cinthia (defendant) and her husband (defendant). The couple had two children, of 1 and 5 years old, of whom she had to take care. Cinthia has told the mother of the minor that she was going to study and that they will give her to eat.
The accused worked in a grocery store, and the victim had to take the kids to school, wash their clothes by hand, cook and clean. On the other hand, Fermin did things to her, hurting her, and touching her. All this frightened her, so she told Jimena, a neighbour.
They all lived in the same room, sleeping the 5 of them in the same bed, until they bought another bed.
The accused treated her badly, they wanted to beat her with a belt, and they pulled her with her hair.
One day, Fermin introduced his penis in her vagina, and as she began to bleed, they told the neighbour, and went to the police.
The minor couldn’t write because she never went to school. Also the accused forced her to be introduced as her niece.
According to the statement by the mother of the minor, it is not apparent that the accused were actually the uncles of the victim. She stated that she would know them because they lived in a place near where she lives.1st Instance:
Court: Oral Federal Criminal Court of Comodoro Rivadavia (Tribunal Oral en lo Criminal Federal de Comodoro Rivadavia)
Location: Comodoro Rivadavia
Date of decision: 5th August 2015
The Attorney General charged them to be co-authors of the crime of trafficking in persons of minor of 13 years old (145 ter of law 26.364) aggravated by the situation of vulnerability of the victim, the deception, the violence and intimidation. He requested 11 years of imprisonment for Fermin, and 10 years of imprisonment for Cinthia.
Artículo 145 ter: El que ofreciere, captare, transportare o trasladare, dentro del país o desde o hacia el exterior, acogiere o recibiere personas menores de DIECIOCHO (18) años de edad, con fines de explotación, será reprimido con prisión de CUATRO (4) a DIEZ (10) años.
La pena será de SEIS (6) a QUINCE (15) años de prisión cuando la víctima fuere menor de TRECE (13) años.Artículo 145 ter: El que ofreciere, captare, transportare o trasladare, dentro del país o desde o hacia el exterior, acogiere o recibiere personas menores de DIECIOCHO (18) años de edad, con fines de explotación, será reprimido con prisión de CUATRO (4) a DIEZ (10) años.
La pena será de SEIS (6) a QUINCE (15) años de prisión cuando la víctima fuere menor de TRECE (13) años.Oral Federal Criminal Court of Comodoro Rivadavia (Tribunal Oral en lo Criminal Federal de Comodoro Rivadavia)