Share

Share

Share on Facebook Share on Facebook Tweet Share on Twitter Share on WhatsApp Share on WhatsApp

SUBSCRIBE TO THE NEWSLETTER

By Ana Fornaro

Mariana Gómez, 25, who was assaulted by police while kissing her wife Rocío Girat at the Constitución subway station, will continue to face legal proceedings. This decision was made by the Criminal and Correctional Court of Appeals of the City of Buenos Aires.

"It's almost textbook. They were supposed to resolve it by March 6th, but they waited until after the March 8th march to announce the ruling," Mariana's lawyer, Lisandro Teszkiewicz, told Presentes.

Mariana, for her part, told Presentes: “We found out a little while ago and I’m in shock. Distressed and feeling incredibly helpless. The judges refused to listen to either me or Rocío. But then, in this ruling, the judges are taking something Rocío supposedly said that October afternoon, even though they never let her testify. It’s something Officer Jonatan Rojo said she said, and they’re using that as evidence. I don’t understand anything, honestly.”

[READ ALSO: #LesbianKisses Mariana Gómez's hearing: why the case should be dismissed]

On October 2nd, Officer Jonatan Rojo confronted Mariana—allegedly—for smoking in a prohibited area. He called her a "kid," and when she and Rocío defended themselves against the mistreatment and threats, Mariana was taken into custody and held incommunicado for several hours. Following this violent incident, Mariana was charged. On December 29th, Judge María Fontbona de Pombo formally charged her and ordered her assets frozen for "resisting authority" and "assault."

Judges who don't listen

“The ruling has terrible aspects, for example, it dismisses selectivity and discrimination by providing the very definition of ‘selectivity.’ Another terrible thing is that they accept the police version as fact without question, such as the absurd claim that Mariana ‘beat her chest’ at Officer Jonatan Rojo. And the most serious issue: the appeals court judges allege something that neither the police nor the judge of first instance had stated: that Mariana was detained for identification purposes. That wasn’t in any statement or in Judge María Fontbona de Pombo’s ruling,” Teszkiewicz added.

The judge's decision was appealed by Mariana's defense attorney, Lisandro Teszkiewicz, and a public hearing was held in front of the court on Tuesday, February 28. In addition to Teszkiewicz and Mariana, lawyers from various organizations and the Public Defender's Office of the City of Buenos Aires were present, acting as amici curiae .

The court, presided over by Judge Julio Marcelo Lucini, did not allow the amicus curiae to speak, nor did it allow Mariana, who asked to speak after her defense's presentation.

READ ALSO: Mariana Gómez before the Justice system: “The judges did not let me speak”]

How to continue

“Police harassment of lesbians is a daily and deplorable occurrence that must be eradicated. What is exceptional here, and what should be sanctioned by the court, is the judge's lesbophobia. She cannot distinguish between the victim and the aggressor and perpetuates the negative stereotype of lesbians. There is a United Nations mandate to eradicate stereotypes from judicial rulings,” said Luciana Sánchez, a lawyer with COPADI.

When asked what might happen next, Teszkiewicz said he could present further evidence and then, if the court decides to send Mariana to trial, appeal that decision. This would mean facing, once again, the same Criminal and Correctional Court of Appeals of the City of Buenos Aires, which did not hear Mariana or the arguments of her defense team.