Family and friends of Eva Analía de Jesús, accused of homicide for defending herself against a gang rape, gathered outside the Malvinas Argentinas prosecutor's office. They are demanding her release. Lawyer and president of the Red de Contención (Support Network), Raquel Hermida Leyenda, has taken on her defense. By Paula Bistagnino. Photos: Courtesy of Mesa de Justicia por Higui ( Justice for Higui Roundtable). Eva Analía de Jesús—Higui to her friends—has been imprisoned since October 16, 2016, for defending herself against a gang rape and threats to impale her for being a lesbian. On Tuesday, almost four months after her arrest, her family and friends marched to the Malvinas Argentinas Decentralized Prosecutor's Office—where the case is being handled—to demand her release. There, they held a demonstration with Raquel Hermida Leyenda, who has taken on Analía's defense. Yesterday at 10 a.m., activists from various organizations—Juntas ya la Izquierda, Tortas de Barrio, La Brecha, Folks—and from several Gender Advocacy groups began to arrive. Their slogan: “Justice for Higui. Attacked for being a lesbian and imprisoned for defending herself.” Waving banners demanding Analía's freedom, they occupied the exterior entrance hall, located a few meters from Route 8 in the town of Polvorines. There, it was announced that lawyer Hermida Leyenda would be taking on the defense. “In total, we were about a hundred people, and, I think this is the most important thing: many lesbian comrades were present. It's a significant number,” Carolina Abregú, from the Malvinas Argentinas Gender Advocacy group, told this agency. Carolina noted a remarkable change in the attitude of the prosecutor in charge of the case, Germán Weigel. Upon learning of the large crowd gathered at the entrance and the presence of some local media outlets, he met with the lawyer. “It was in a calm but powerful atmosphere, which shows that what has begun to take shape is important. And that we have to fight together and take to the streets,” Abregú said. “The change in attitude from the prosecutor’s office was radical. At least they were friendly at the reception, when until now it had been the complete opposite. We’ll see what happens, but we’re not going to stay silent,” she added.

[READ ALSO: She was attacked for being a lesbian and is in jail for homicide ]

After meeting with the prosecutor, lawyer Hermida Leyenda informed those waiting outside about the status of the case. From there, they all departed for Buenos Aires to participate in the #tetazo (topless protest) at the Obelisk. After the meeting, the lawyer spoke with Presentes: “I was well received and they listened to me. I think that now that Higui has a lawyer who they know will handle the case, they've taken it seriously.” Leyenda heads the Support Network—for victims of gender violence and child sexual abuse—and was the defense attorney for Beatriz López, a woman who murdered her husband after years of being raped and beaten, and was acquitted in 2015.

“This case has to be a rallying cry.”

Hermida Leyenda learned of Higui's case in early January through the organizations Juntas ya la Izquierda (MST), Mumalá (Libres del Sur), and Carolina Abregú, head of the Gender Advocacy Office of Malvinas Argentinas, who has been supporting the family and drawing attention to the case. On January 7, the lawyer visited Analía at the San Martín police station, where she is being held. “I found her in very bad shape, very bad. Almost three months had passed, and she was still in a confused state, and I couldn't tell if it was due to post-traumatic stress, typical of someone defending themselves against sexual abuse, or if it was a consequence of being in confinement,” the lawyer told Presentes. For this reason, she explained that it is very serious that she has not yet undergone psychological evaluations and that she was detained before they were carried out.

Lesbians and transvestites: vulnerable groups

“She was a victim of childhood sexual abuse, something that hasn't yet been included in the case and that must be taken into account. Because, as Article 42 of the Penal Code states, personal circumstances matter. The reaction to a multiple attack is not the same in someone who has already suffered abuse as in someone who hasn't. This is fundamental: Higui is a woman who was a victim of childhood sexual abuse and is in a situation of heightened vulnerability because she decided she isn't attracted to men. And for men, this is terrible: they can't tolerate a woman who isn't aroused by them. Lesbians are the most vulnerable group of women, along with trans women, and it's for this very reason.” For all these reasons, the lawyer believes the case should be taken “as a symbol.” Because it represents, more than any other, how a woman is violated time and again throughout her life. How she is revictimized time and again, even within the justice system. “It's like the case of Milagro Sala: all forms of violence and discrimination combined. I will fight until Higui is free.”

What irregularities are they reporting?

Among the irregularities already reported by family members and organizations, Hermida Leyenda highlighted serious legal shortcomings. “The first is procedural defenselessness: the inactivity of the public defender was complete. What I see is that it wasn't so much the prosecution that acted improperly, for now, but rather the public defender: no evidence was presented. And this is like a tennis match: you can win because you're good or because your opponent is bad.” Furthermore, she emphasized that there is also a “lack of evaluation of the collected evidence,” that the psychological evaluations are still pending, and that the analysis of the clothing is also still incomplete. “The clothing situation is very serious, because what happened was that its whereabouts were unknown: they couldn't find it. Now it has turned up, and the results are pending. And meanwhile, I wonder: What if there were sperm on the clothing? She has been in prison for almost four months.”

Only 18% of the women arrested have a private lawyer

Hermida Leyenda says she is very saddened to have arrived so late to the case because she is convinced that if Higui had had private legal representation from the beginning, the situation would be very different: “The reception at the prosecutor's office was very good, because unfortunately, that's how it works: when they saw a private lawyer, they took it seriously. It's sad, but that's how it works.” She explains: understanding this means understanding that there are many women in Analía de Jesús's situation: only 18% of those detained have private legal representation. “Women are largely neglected in prison cases because men have the money: they double that percentage. This is remarkable. As is the perspective of the justice system: if you're a butcher or a surgeon—she says, referring to recent cases—they might consider it self-defense because you were protecting your home, your business, or your car. But if you're a woman and someone tries to rape you, no. In other words, in our country, it's not allowed to enter your home, but it is allowed to enter your body. And something worse: if you're a man, we recognize your right to exercise your masculinity to defend yourself; but if you're a woman, you can't: for the system, we are passive and receptive, and we must accept what is normalized in our society, which is that our bodies are violated.” Hermida Leyenda says she is optimistic that Higui will be released soon and that her actions will be considered legitimate self-defense. In the coming weeks, she will meet with Governor María Eugenia Vidal regarding the case of Stella Maris Sequeira, the woman who disappeared in Lomas de Zamora on December 31st and is the partner of criminal lawyer Rubén Carrazzone. She will request an electronic ankle monitor so that Higui can return home until the case is resolved.

Radio open by Higui

Since the Malvinas Argentinas Gender Advocacy Office took up the case in early January and a working group was formed—comprised of women's, LGBTQ+, social, and political organizations such as Pan y Rosas, Folk, the LGBTQ+ Advocacy Office, La Cámpora, the Hurlingham municipality's Diversity Department, the Association of Transvestites, Transsexuals, and Transgender People of Argentina (ATTTA), Tortas de Barrio, the Argentine LGBT Federation, Las Fulanas, and the MST—various activities have been carried out to raise awareness of the case. One of the first initiatives was the organization of a women's soccer tournament, "Justice for Higui," to raise funds to help Analía and her family. Two tournaments have already been held in the Obligado neighborhood of Bella Vista, where Higui lived until her arrest. An open radio broadcast was also organized, which will have its second edition this Friday, February 10th at 6 PM in the Plaza de San Miguel, the district where Higui's address belongs and neighbor of Malvinas Argentinas, where the case is being processed.

To the National Women's Strike

During the National Women's Strike on March 8th, a special contingent will march under the banner demanding justice for Analía de Jesús, with the slogan "Freedom for Higui. Attacked for being a lesbian, imprisoned for defending herself." Meanwhile, an account remains open at Banco Provincia de Buenos Aires for the cause, with two account numbers: 0140159-8 (Block No. 1) and 0351175314690-3 (Block No. 2).

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