By Agencia Presentes Photos and video: Agencia Presentes  #BuenosAires Mariana Gómez, arrested and beaten by police on October 2nd while kissing her wife Rocío Girat in the Constitución neighborhood, has been charged with resisting arrest and assault. An order was also issued to freeze her assets. Judge María Fontnona de Pombo issued the order on December 29th and today notified Gómez's lawyer, Lisandro Teszkiewicz. Mariana reported at the time that she was assaulted by Officer Jonatan Rojo, who ultimately arrested her after confronting her about smoking in a prohibited area. From the beginning, Gómez and Girat have denounced the incident as a case of lesbophobia.

[READ MORE: Lesbian arrested and beaten for kissing his wife: police must be held accountable]]

“The judge ignored a large part of the evidence: we offered the testimony of Rocío, Maiana’s wife, and some video footage, and she didn’t give it any importance. She only relied on the testimony of the two police officers and the Metrovías employee, focusing the entire incident on the fact that it was for smoking in a prohibited place and that the resistance to authority was a consequence of trying to prevent that,” Teszkiewicz told PresentFor her part, Mariana said to Present"It's arbitrary and has no basis in fact. I'm outraged because they want to blame me for the attacks. There's a lesbophobic attitude."

The lawyer added that they will appeal the court's decision based on the police officer's own statement: it's common for people to smoke in that area, and that's why they are asked to put out their cigarettes. “Mariana refused to put out her cigarette and tried to go smoke somewhere else, but the officer stopped her, and that's when he accused her of resisting arrest. We believe there was discriminatory treatment because he treated Mariana differently than other people, and that's because Mariana and Rocío were kissing,” Teszkiewicz said.

[READ MORE: Mariana Gómez testified before the court: “It was a case of lesbophobia”]

Teszkiewicz overtook Present They will file their appeal next Tuesday, February 6th, at 11:00 AM at the Lavalle and Libertad Courts. At that time, a kiss-in was organized to support Mariana Gómez and protest the judge's decision.

What happened on October 2nd

Mariana went to accompany Rocío to catch the bus at Constitución station in downtown Buenos Aires. Just then, a storm of rain and hail began. The young women decided to take shelter in the entrance of the subway terminal. They weren't alone: ​​dozens of people were doing the same. There were also a few other couples who, like them, were laughing, touching each other, or kissing. Many were smoking, too, like Mariana. "But of all those smoking or kissing, we were the only lesbians," Mariana later recounted.

[Big kiss in PHOTOS and VOICES: against Lesbophobia, #LesbianKisses]

They forced her face against the sidewalk, “in an act of unprecedented violence, since Mariana never resisted or used violence against the police officers.” This is according to the legal filing, along with three videos documenting the police abuse. Mariana was arrested and released after 9:00 p.m. Mariana’s case reached all the national media outlets, and the #LesbianKisses support campaign, launched by Presentes, gained international attention. However, Judge María Fontnona de Pombo decided not to include any of the information published in the press in the case file. ]]>