Man cleared of sexual assault because he didn't get 'pleasure' from it

Diego Cruz was acquitted by a judge in Mexico (Picture: Police release)
Diego Cruz was acquitted by a judge in Mexico (Picture: Police release)

A Mexican judge has cleared a man of sexually assaulting and abducting a schoolgirl after claiming that he did not perform the crime with the intention of gaining pleasure from it.

Diego Cruz, 21, was one of four men from the state of Veracruz who became nicknamed ‘Los Porkys’ on social media after they were accused of abducting a girl from her private school as she left a New Year’s party on January 1 2015.

But Judge Anuar Gonzalez has now ruled that despite touching the victim’s breasts and penetrating her with his fingers, Cruz had acted without ‘carnal intent’ and was subsequently not guilty.

Gonzalez also bizarrely ruled that the 17-year-old victim was never ‘helpless’ – despite being forced into the back of a car.

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Cruz fled to Spain in the immediate aftermath of the incident, but was later extradited back to Mexico to face trial.

Slamming the verdict, Mexican gender activist Estefania Vela Barba told The Guardian: ‘He sexually touched her, but because he didn’t enjoy it, it’s not sexual abuse?

“Since there was no pleasure in the act, it was intended to cause humiliation. They were touching her, they were bothering her, so for the judge, if the intention wasn’t pleasure, it’s not sexual assault?

‘There’s no disputing the facts. It’s not some crazy woman saying this, it’s coming from the judge’s mouth and he’s saying that if they touch you against your will, it might not be abuse.’

Speaking about her ordeal on Facebook, some 15 months after the attack, the victim previously wrote: ‘I have nothing to repent.

‘I’ve gone drinking. I’ve gone to parties. I’ve worn short skirts like many girls my age … and for that I’m going to be judged? For that I deserved what happened?’