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By Elena Corvalán, from Jujuy

Zoe Nazarena Quispe, a trans woman, was stabbed 35 times and murdered by her partner, Jesús Pantaleón “Lucas” Moreno, on September 10, 2016. She was 35 years old and a member of the organization Damas de Hierro (Iron Ladies). In the oral trial, which has been underway since May 22, her family, who are the plaintiffs, are requesting that the legal definition of transfemicide be applied.

The incident occurred between 4 and 7 in the morning, in the room she shared with the aggressor, on the first floor of the victim's parents' house, in the city of Palpalá, almost 15 kilometers from the capital of Jujuy.

The hearing is being held before Criminal Court No. 2 of San Salvador de Jujuy, presided over by Judge Cecilia Sadir and Judges Luis Kamada and Antonio Llermanos. Prosecutor Alejandro Maldonado is also involved.

Today there was a brief hearing in which three witnesses testified. Afterward, the hearing was adjourned until Wednesday, June 12, when a final witness is scheduled to testify . Closing arguments will then be presented, and the verdict will be announced.

Zoe's mother, Antonia Mamaní, is a plaintiff in this legal process, represented by attorney Romina Cortés, a member of the Gender Equality Secretariat of Jujuy. Cortés referred Presentes' inquiry to the Secretary of Gender Equality, Soledad Sapag, who in turn preferred that the questions be submitted in writing.

It was transfemicide

“The charge of transfemicide is being pursued in the lawsuit. It requests that Mr. Moreno Jesús Pantaleón be convicted of the transfemicide of Zoe Quispe under the charges of aggravated homicide motivated by hatred of gender identity and gender-based violence, and by the familial relationship . Furthermore, there are two precedents at the national level. One in the province of Buenos Aires, the sentence of Diana Sacayán. And  the other is the trial of Marcela Chocobar in Río Gallegos (whose sentence will be handed down this Thursday the 13th; the charge was recently changed to transfemicide). We are following the same line of reasoning,” Soledad Sapag, Secretary of Gender Parity for the province of Jujuy, told Presentes.

[READ MORE: Chocobar trial: forensic expert confirmed that the young trans woman was dismembered]

Zoe was a victim of gender violence

In the trial, in which several trans people who were friends or knew the victim have already testified, it was stated that Zoe was a victim of violence by Moreno, with whom she had been in a relationship for two years.

Patricia García, Zoe's sister-in-law, who testified at the second hearing, told Presentes that the accused "was aggressive and hit her." Zoe's father, mother, and sisters, especially her eldest, Marta Mamaní, witnessed these attacks.

The father, mother, and sister have already testified and recounted the acts of violence they witnessed. Patricia, on the other hand, said she was unaware of these attacks, but recalled seeing bruises on Zoe's arms "on occasion." However, she lamented, "I never asked, ' Who did this to you?' or ' Did you hurt yourself? ' Nothing; it was my mistake not to ask."

Zoe was a sex worker (like 90 percent of transvestite and trans people, excluded early on from education and employment), and lived with her partner in her parents' house. At the trial, some witnesses testified that Moreno would get annoyed when Zoe received messages related to her work, but then accepted the money she earned.

Her sister-in-law, Patricia, said she did witness Moreno's jealousy. "He would hide her cell phone, take it away from her," she recounted. "(The accused) was a very jealous person; he was jealous of Zoe with my son, I mean, with his own nephew," the sister-in-law recalled. García and Oscar Quispe's first three children, Zoe's brother, were very close to their aunt: "They loved her very much," and every time they visited the family, they would spend hours talking with Zoe in her room. "But she once brought up the issue that Lucas didn't want my son to go up to the room because he was jealous of what might happen between them; I mean, he was a sick man."

The technical reports also didn't paint Moreno in a positive light. One of these reports confirms that he has a jealous personality and that this motivated arguments and aggression towards his partner.

The autopsy: 35 stab wounds

The autopsy revealed that the victim suffered a total of 35 stab wounds to the neck, face, and chest, and also had several bruises on different parts of the body. The attack was carried out with a serrated knife, while the victim attempted to defend himself with a fork.

Lourdes Ibarra, an activist with the organization Damas de Hierro (Iron Ladies) who also testified in this case, emphasized that the defense “is using the argument that Zoe was violent and that, because she was trans, she was very strong.” Furthermore, “they keep focusing on her illness, because she was HIV positive, and on her gender identity, constantly masculinizing her.”

“Lucas was the one who assaulted Zoe,” Patricia emphasized when asked about the defense strategy of Moreno, led by lawyer Rogelio Llanes, who maintains that Zoe could not be a victim of violence because she had the strength of a man.

The sister-in-law added that the family feels "anger and helplessness" in the face of this argument. "It hurts us that they're trying to defend something that has nothing to do with it," she said.

García also lamented the defense's repeated insistence that the victim was transgender and living with HIV. “Lucas said he helped her with her treatment, but the treatment is free at San Roque Hospital, so it's not like he contributed financially to the household. They lived because my father-in-law supported them,” she stated. She added that Lucas occasionally juggled on street corners around town.

No reports of violence against LGBTQ+ people

“The Secretariat has the opportunity to participate in legal proceedings free of charge, representing the families of femicide victims. In this case, we are representing the family of Zoe Quispe, who was a victim of transfemicide in 2016, with the assistance of a criminal lawyer who is part of the team at the Directorate of Comprehensive Care for Gender Violence,” the official explained. She emphasized that the legal action was filed by the victim's family.

Patricia García recounted that Zoe had expressed her gender identity since adolescence. And although at first it was “difficult,” her father and mother eventually accepted her, as did the rest of the family who “always accepted her.” Zoe’s father, Florencio Quispe, is in his eighties, and her mother is nearing 80.

When asked if there are many cases of violence against LGBTIQ people in Jujuy, Sapag indicated that there are no specific records in that province.

“Many trans women do not file reports, although some do and are being assisted by the services. But we do not have a specific or exact figure of how many cases there are.”

She added that for her department, “it is a great challenge to be able to support Zoe’s family through this painful process, but above all, we want to honor her memory and ensure that justice is served.” “We continue to advocate for the recognition of the different vulnerabilities faced by cis and trans women, which is why we support the LGBTIQ community in the fight for the recognition of their rights and the crime of transfemicide,” she concluded.