In Argentina, judges believe crimes deserve lower sentences if victim has been abused before

Judges are privileged and protected in all societies. Of course each has his own foibles and is subject to pressure. In many countries they are subject to political agendas and their decisions can be seen to have political dimensions. Often they are just part of a corrupt system where “justice” is for sale. Their ivory towers are meant to help isolate them from undue influence so that they can dispense justice objectively and evenly. But lately, whether in India or in the US or in the EU or in Egypt I perceive a reduction of “common sense”. Maybe it is the privileges and protection itself which warps their minds?

In this case – from Argentina – it is the judges – not in this case the law – who appear to be asses.


Two Argentine judges are facing calls for their impeachment after reducing the sentence of a paedophile on the grounds that his six-year-old victim had been abused before. The ruling was made last year but only came to light this week.

Mario Tolosa, a sports club official, was originally given a six-year sentence, but the judges halved it.

Among the arguments they used to justify this was a claim that the boy showed signs of transvestite conduct. The Interior Minister, Florencio Randazzo, said the ruling was “an embarrassment”. He said: “It’s repugnant to say that the presumed sexual orientation of an abused six-year-old boy is a reason to reduce the sentence of the abuser.”

President Cristina Fernandez de Kirchner’s cabinet chief, Anibal Fernandez said the two judges, Horacio Piombo and Benjamin Sal Llargues should be “hauled before an impeachment hearing”. he said the country was “in the hands of morons” and that it was “one of the biggest disgraces we’ve ever seen in this country.”

Tolosa had been vice-president of a neighbourhood football club in Buenos Aires. He was convicted of abusing the boy in the club’s bathrooms in 2011. ………

The Argentinian judges have been defending their decision and claim they are being politically attacked. Maybe so, but they are certainly lacking in common sense.  Just as with some EU judges who put greater weight to protecting the “right to family life” of criminals than in prosecuting their actions. Or Indian judges who are blinded by the aura surrounding Bollywood stars.

I note in passing that the “sanctity of the law” is an entirely false concept. The law is just a tool which is shaped to suit the dispensing society. The laws of man (or god) are only as “good” as those men who formulated them. Whenever the “sanctity of the law” is invoked, I suspect the supposed “principle” is being used to defend a lack of common sense. If there is any sanctity associated with a law, it lies in the law’s own ability to ensure compliance. The law of gravity, I note, needs no police force or judges or priests to ensure compliance.


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