"We have to dismiss with rotundity the request for free dismissal requested by the mother of the child, from all untouched point, not only because the expert conclusions of the Institute of Legal Medicine claim that a sexual assault on the child can not be ruled out." but also "because [the petition] is postulated contrary to right" and "to interest in protection of the child".
So the provincial audience of Granada, on March 23, 2018, when Juana Rivas asked that the alleged sexual abuse had suffered as she had suffered while she kept her kidnapped from her father, Specifically in the month of April 2017.
While the court who investigated the facts, the Granada Instruction Court 2, had decreed the provisional closing of the investigation, reoperable as soon as new evidence or signs of sexual assault on the child, the lawyer of Rivas had requested the final closure and He had resorted to the superior instance, the provincial audience, to twist the decision of first instance: the mother wanted the facts to never be more subject to judicial research.
The alleged aggression had been denounced in April 2017 by doctors at the Virgin Infant Children's Hospital of Las Nieves, of Granada. Both there and at the Health Center of the Locality of Maracena (Granada), where the child was examined by a pediatrician, signs of sexual abuse had been observed after a weekend in which Rivas and his children had been with four other people -Three women and a man, he said - in a rural house.
The facultatives had been forced to put the facts in knowledge of the court, which had opened diligence, and even the Junta de Andalucía, through its Ministry of Equality and Social Policies, had opened a so-called Simia Leaf, Acronym of Information System On Child Abuse of Andalusia: A prior information for possible "Disabilities" of Rivas to your child.
However, the researches, then led by the Civil Guard, who made several interrogations, did not show conclusions and, on November 10, 2017, two months after Rivas finally returned his children to his father, who left with It to the family home in Italy, the court announced its decision to provisionally close the cause and leave the possibility of reopening it open if more elements appear.
That same day, the lawyer of Juana Rivas interposed the recourse to that decision: the woman, who was in charge of the children that time - loudly, for having them kidnapped and away from his father, "he wanted the final closure. In the legal jargon, the court proposed the provisional dismissal and in equal position, the prosecution was located and also the Father, Francesco Arcuri. Rivas instead asked for free.
The woman was founded at two extremes to definitely close the chapter. On the one hand, she alleged that the entity margins and links, an NGO that in Andalusia is responsible for family procedures of many psychological experts, said not having found any sexual harm in the least symptomatology. On the other, the Civil Guard had closed his crowded with the same conclusion.
Rivas, in addition, had had a very agitated summer. After getting to collect up to 150,000 firms in spring to get the public authorities to allow him not to return his children to the Father, he had declared himself in rebellion in June and had disappeared with minors in July, refusing to fulfill the resolutions of justice, That forced her to restore her children to the family home in Carloforte (Sardinia, Italy).
Not only that: Thousands of people had focused on many Spanish cities in support of it, and politicians from all the ideological arch, from Mariano Rajoy (PS) to Susana Díaz (PSOE), both at the head of the central and Andalusian executives, They had supported it.
In parallel, in silence, there were research on the alleged abuses suffered by his son, who ended up embarking when the woman disappeared with the minors and did not come to question the people with whom the weekend before which the Master of the child's daycare gave the voice of alarm, and the investigation began after the minor himself commented to the pediatrician that someone could have damaged him.
The absence of more research routes and the return of minors to Italy left the investigation on the deadway, but both the judge and the prosecution and Arcuri decided to close the process only provisionally by two evidence: Forensic, non-psychological but clinical reports, They asserted that the lesions were compatible with sexual abuse, and even that the first line of research should be that.
The last of these reports dates from November 2017, the same month in which Rivas asks not to investigate the facts again. Even the alleged report of margins and links, ultimately, did not rule out the possibility of abuse.
Six months later, on March 23, 2018, the decision of the provincial audience arrived with an unusual rotundity. After presenting himself as a model mother, she came to say in the subtext of the auto the audience, Rivas now asked her to be declared ininvestigable forever the alleged damage to her son.
The woman probably had another horizon at the time of requesting the measure: those events had happened while she was extracting to her children from the Father, and if the process for that kidnapping went on, that the possibility of the alleged procedure for sexual assault could continue open It supposed more risk for your future.
In effect, Rivas would be condemned time after two and a half years in jail for the Supreme, and could only avoid the prison of the government's pardon, granted in November. And hey here that Friday, when the judge who had condemned her by her kidnapping had to decide if she was prison, that her presumed sexual abuse was brushing over her.
He wrote in his car the Magistrate Manuel Piñar, to deny freedom: "This Court no longer knows how to make it come to the knowledge of the remaining courts, and of course from the government, that the children being under the care and custody of the mother, One of them was sexually abused, according to the pediatrician, a coroner and manifested the minor itself. "
And the procedure definitely came to light. The Mother of Maracena had asked that you never investigate an alleged damage to one of her children from which she had, as little, indications.
Date Of Update: 11 December 2021, 20:14
