Holguín Prosecutor's Office rectifies and decrees provisional prison for vice principal accused of raping a student with a disability

The Holguín Provincial Prosecutor's Office rectified the decision of prosecutor Á this week. W. Sánchez and decreed provisional prison forMiguel Antonio R. S., former deputy director of the Panchito Gómez Toro polytechnic, in that city, accused of raping a 15-year-old teenager, who has a diagnosed mental age of 10 years.

The letter from the Prosecutor's Office, notified this Friday and which the teacher can appeal, responds to the claim filed by the mother of the minor before the Office of Attention to the Population of the Presidency of the Republic, in which she showed her disagreement with the delay of the process, the result of the investigation and the absence of precautionary measures given the seriousness of the events reported on December 7, 2023. That same day, the deputy director of the school where the girl was studying was arrested at 7:30 p.m., but He was released two days later, despite the fact that the victim's lawyer requested provisional detention for the accused.

However, on February 23, prosecutor Sánchez denied the requested precautionary measures, so the defense filed a complaint against that decision, which was accepted on February 29, one day afterCyberCuba publish the case. The change in criteria, according to the Prosecutor's Office, also includes the change to a crime with a greater sanctioning framework of corruption of minors. This instruction process must last about 90 days, extendable up to 180 days from the initiation resolution.

In the same document, the prosecutor reminds the minor's family that, having appeared in the process, they must present evidence that helps clarify the facts. He also gives explanations about the delay of the case, the absence of the prosecutor during the examination of the minor and the lack of response to the complaint filed before the Military Court, to which the girl's mother complained.

They also explain that after the facts became known, the school's deputy director was initially suspended from employment and salary for 30 days and then permanently separated from the educational system.

The sexual assault occurred on September 7 when the vice principal, using his authority, took the teenager, at 7:00 a.m., to a classroom located on the fourth floor of the school, padlocked the door and kept her with him. non-consensual sexual relations since the girl wanted to leave there and he did not allow her. However, the Cuban Justice previously understood that if he did not scream, there was not a rape but a minor crime.

The mother defends that we are facing a rape because seven days after the events, the doctors still detected signs of violence in the slightest. It so happens that the teenager was still a young lady at the time the vice principal locked her in the classroom.

In the opinion of the girl's mother, the judicial process is "flawed" because the wife of the school's deputy director claims that he has a sister from State Security in Holguín. For her, the disappointment is capital because she assures that she belongs to "a generation where the protection of a minor was a priority, where we believed that justice existed and that in case of a bad turn of fate we were the victim of a certain crime, we could go to the State for protection. He was from that generation," he says in a letter sent toCyberCuba.

The girl, who has been receiving psychological treatment since she was five years old, because she is shy, withdrawn and has "reduced mental capacity", changed overnight after the incident. The mother began to notice that he slept poorly and talked in his sleep. She finally found out because the girl told a friend from the polytechnic and she told her mother who, in turn, told the base guide at her school. This teacher was the one who called her and informed her of what happened.

She questions that her daughter, with a mental age of 10 years, can exonerate the school's vice principal from responsibility, only because the law understands that since there is no violence, force or intimidation, it is not rape, but a misdemeanor punishable by between 1 and 3 years in prison. The mother also questions that, taking into account her daughter's disability, it is understood that there could have been consent, ignoring that the deputy director is three times her age and maturity.

To all this we must add that after what happened and before the complaint was filed with the Police, the deputy director stopped paying attention to the girl, whom before abusing her he continually entertained her by giving her food and "chupas". As soon as she became aware of the case, the mother requested a transfer to the center and the minor is now studying at another school. To date she has not met her rapist again, but she is afraid that he will appear at any moment.

This is not the first case of a Cuban mother who denounces the laxity of Justice in Cuba when trying rapists. In June 2021,CyberCubapublished the case of a 13-year-old minor who suffered a group rape and, far from imprisoning the rapists, they were released andThey started a campaign to discredit the girl. Due to media pressure, the process was accelerated and the six rapists were sentenced to 21 years in prison.