The rape case in Peru that got archived because the victim was WEARING RED UNDERWEAR
Tags: Rape, Feminism, Peru, Misogyny

I bring you the court transcript. Read the highlights to know why the case got thrown out.

Summary of the case

Portrayal by the usual sources reads “Guy took girl to a party with the excuse that they were gonna pick up some documents. He then drugged her, took her home and raped her”. An example hereof is the dailymail.

My summarized version: life-long friend and neighbour asked his friend to pick up diploma with him and go drinking afterwards. They do so with another friend of his until 11:30 pm, when he leaves, and then stay until around 2 am. At 6:15 am both wake up, girl storms out and denounces the guy.

Facts

They are childhood friends

They live three houses apart

They went to his college to pick up his diploma but it was closed

They went to a bar and met one friend of his who left at 11:30 pm

They drank alcohol

They slept at the guy’s place and woke up at 6:15

Her version

Is that he said more friends were coming and wanted to celebrate his graduation. She didn’t want to drink a lot and stay too late but stays to make him company. After some beer and wine they get some peruvian drink and after she drinks it she loses consciousness and wakes up to him on top of her trying to rape her. Pushes him aside, says no, storms out and goes home to her mother.

His version

Same, up until the second friend leaving at 11:30 pm. Says she drank one beer so he offered to switch to wine if she likes that more. Admits to drinking about three beers and about half a bottle of wine, plus the peruvian schnaps. Calls his grandfather who owns a taxi to take them to home (respectively). Says he woke up naked, without knowing how and saw her in front of his bedroom door dressing up. Took her to the front door of the house where she said goodbye with a kiss on the cheek.

Useless facts

Dude lives with, like, four family members that say they didn’t hear screams or loud running footsteps. Which doesn’t matter because family protects family

Dude claims she told him last night that she can’t keep being friends because she loves him, to what he responded that he appreciates her but already has a girlfriend who’s gonna have his child. Which doesn’t matter because it’s his word against hers and it doesn’t add to evidence that he didn’t abuse her

Friend tells the court he heard him turning her down and her mood change. Which doesn’t matter because it’s his friend

Facts that matter & why the case got thrown out

Girl told different things to different people

First accusation was that she got digitally raped, which is also what she told her psychologist and the court

Then she told her lawyer that he did actually penetrate her

penetrate her Told the police her privates were hurting

Forensics found no lesions (page 19–20)

Forensics found no blood, semen, spermatozoa or hairs either in her privates nor in her underwear (page 19–20)

Forensics didn’t find alcohol in her blood the next day at 10 am. Also no drugs or toxins (pages 22–23)

Video of them exiting the bar shows her enter the car by herself and “scooching “ to make place for him (page 20)

Closing remarks

To be honest, I don’t know where the “red underwear” claim comes from. It is, of course, legally irrelevant. But I wrote this article and cited the daily mail so you can read the transcript and then the daily mail article (and multiple others with a similar title). I don’t know if they care to read the court transcripts. I assume some of them do.

But writing without reading them is spreading disinformation and writing having read them is just outright inflammatory and dishonest. Dishonesty in the service of outrage and traffic.

So please, before re-posting misleading posts on instagram or getting your masks and flags out to burn them in front of your respective house of representative (if you live in a part of the world that is lucky enough to have one and allow you to do so) search for the damn transcript of the court.