Argentine actress will appeal to STF against annulment of rape trial

AFP

Argentine actress Thelma Fardin announced this Thursday (10) that she will appeal to the Federal Supreme Court (STF) in Brazil against the annulment of the case against fellow actor and Argentine Juan Darthés, whom she accused of rape, while speaking at a public act. supported by Amnesty International and groups of women artists.

“Returning the trial to square one would be scandalous and revictimizing. Lawyers [de Darthés] they want to avoid reaching a sentence. We will file an appeal with the Supreme Court [no Brasil, o Supremo Tribunal Federal]”, said the complainant in front of the Brazilian consulate in Buenos Aires.

The trial that was pending in São Paulo against Darthés, accused of raping Fardin in 2009, when she was a minor, was annulled by the Federal Regional Court of the 3rd Region and should be restarted in the state court.

“The appeal will be made by the Public Ministry. I cannot constitute myself as a plaintiff under Brazilian law,” Fardin detailed in statements to broadcaster C5N.

By a majority of two votes to one, the magistrates understood that the case against the Argentine actor must be processed in the state justice of São Paulo, where Darthés is domiciled, and not in the federal jurisdiction.

Fardin said he did not know “how far the influences and power of those who consider themselves untouchable can go.”

Despite being Argentine, Darthés also has Brazilian residence and nationality. The Constitution of Brazil does not allow the extradition of its citizens, but the Penal Code allows them to be prosecuted in its territory for crimes committed abroad.

“We clarify that in the trial there was no closing of the process or acquittal of the defendant [Darthés]having declared the competence of the State Court to judge the case”, informed the court.

The 29-year-old actress denounced Darthés in December 2018 to the Nicaraguan Public Ministry for having raped her in a hotel room in 2009. At the time, the actress was 16 and the actor, 44, and both were on a tour in Managua as part of the cast of the popular television series “Patito Feo”.

The association of Argentine actresses participated in the act. The group has supported Fardin since she made her complaint, in the context of movements in defense of women’s rights and against sexist violence. In turn, the Public Ministry of Argentina, Nicaragua and Brazil believe that there is sufficient evidence to denounce Darthés.