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Penadés case: Judge rejects statute of limitations claims for four accusers, defense to appeal

Penadés case: Judge rejects statute of limitations claims for four accusers, defense to appeal

From El País · () Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A judge rejected a defense argument to dismiss charges against former senator Gustavo Penadés based on the statute of limitations for four accusers.
  • The defense argued that some victims waited too long to file complaints, citing laws in place at the time of the alleged incidents.
  • The prosecution and victims' representatives countered that the complaints were timely and that the victims were vulnerable, with the judge agreeing that further evidence is needed during the trial.

A Uruguayan judge has rejected a key defense argument in the case against former senator Gustavo Penadés, refusing to dismiss charges for four accusers based on the statute of limitations. Judge Marcela Vargas ruled that the debate over the timeliness of the complaints must be addressed during the main trial.

The defense team, led by lawyers Homero Guerrero and Laura Robatto, had argued that several victims failed to file their complaints within the required six-month window under legislation applicable when the alleged offenses occurred. They contended that the opportunity to pursue criminal charges had expired, particularly for incidents reportedly dating back to 1989 or 1990.

Penadés did not turn 60 years old, he surely had hair.

— Laura RobattoIronizing about the age difference and circumstances of the alleged events from 1989 or 1990.

During the hearing, the defense highlighted the significant delay, noting one accuser waited over three decades to file. They also questioned the retroactive application of newer legal norms. However, the prosecution and the victims' representatives argued that the statute of limitations arguments had already been settled by an appellate court and that the victims were in a state of extreme vulnerability, making timely reporting difficult.

Judge Vargas sided with the prosecution, stating that the statute of limitations did not appear "manifest or gross." She emphasized that determining victim vulnerability and their capacity to report required evaluating evidence, a task for the trial judge. The defense announced its intention to appeal all of Vargas's rulings, while the court control of accusations is set to continue in early August.

The argument for not upholding the exception is being given to me by you yourself.

— Judge Marcela VargasAddressing the defense lawyer, indicating that her own arguments revealed the need for trial-level evidence evaluation.
DistantNews Editorial

Originally published by El País in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.