Tortel sexual abuse lawyer sentenced to 4 years of probation

The incident occurred in 2019, when the condemned man arrived as a tourist to the restaurant where the teenager attends, whom he harassed on several occasions, made inappropriate touches, attacked and offered money to accompany him to his motor home.

The Coyhaique Oral Criminal Trial Court sentenced Gabriel Guillermo Lara Gómez to four years in prison, with the benefit of intensive probation for the same period, as the perpetrator of the consummate crime of sexual abuse against one older than 14 years, perpetrated in January 2019, in the commune of Tortel.

Through a unanimous ruling, the court – made up of judges Rosalía Mansilla Quiroz (president), Pablo Freire Gavilán and Mónica Coloma Pulgar (editor) – also applied to Lara Gómez the legal accessories of absolute perpetual disqualification for political rights and disqualification absolute for public offices and offices while the sentence lasts.

In the same way, the court imposed on the convicted person the penalty of being subject to the supervision of the authority during the 10 years following the fulfillment of the main sentence; temporary absolute disqualification for positions, jobs, trades or professions exercised in educational settings or that involve a direct and habitual relationship with minors, for 10 years.

To comply with the alternative sentence, Lara Gómez must appear before the Santiago Oriente Social Reintegration Center, and must also comply with the individual intervention plan approved at the time during the control period.

Finally, the convicted person may not, during the time of the sentence, go to Caleta Tortel, approach or communicate with the victim in any place where he is, domicile, place of work or study; in addition to complying with the obligation to stay at home from 24 hours to six in the morning the next day, a measure that will be supervised by the Carabineros and the obligation to carry out an orientation program in the field of sexuality in the unit care corresponding to your home, for a minimum term of six months.

The court ordered that, once the ruling is enforceable, biological samples are taken from the convicted person to determine his genetic fingerprint and incorporation into the national DNA registry of convicted persons.

It should be noted that the decision adopted by the court counted on the prevention of the magistrate Mansilla Quiroz, who was for the effective fulfillment of the sentence.

Facts investigated

The Oral Criminal Court of Coyhaique considered it proven, beyond any reasonable doubt, that in the afternoon of January 16, 2019, the victim, a 14-year-old adolescent at the time of the events, in The “El Chilco” restaurant, located in the Rincón Alto sector of Caleta Tortel, was approached by Gabriel Lara Gómez, accompanied by other people, for lunch, being served by the young woman. After lunch, the condemned man started a conversation with the victim, speaking obscenities, slapping him on the forehead and touching him inappropriately. Then, he retires and later returns to the premises alone “and asks the adolescent to accompany him to see his mobile home, refusing this, but at the insistence and authorization of his grandmother, he accompanies him. On the way to the roundabout along the catwalk, the defendant takes out money and places it in the teenager’s pocket, later snatching her cell phone from her and, aggressively, carries out actions of sexual relevance and significance consisting of touching (… ) above her clothes, she grabs her tight, pulls her clothes, resisting the adolescent, slapping her hand on the catwalk, tries to ask for help, without success, continues walking until she reaches the motor home where she asks her to get on it. which the adolescent refuses, making signs of help, which are attended by a couple from the sector, before which she flees the place ”.

–