Judges throw out rape case because the complainant wore red underwear

Furious protesters have filled the streets in a march against a court’s decision that women who wear sexy red underwear cannot complain if they are raped as they are ‘asking for sex’. 

Numerous women got together against a court ruling in Peru to acquit a rapist because his victim was wearing red underwear on the night of the incident.

The court ruled that the woman was, in fact, “willing or prepared” for this due to the type of underwear she had on during the act.

The shocking decision has caused widespread anger in the country, after the judges, including one man and two women, ruled that the victim did not appear to be the shy and reserved person she tried to make people think she was, as per local media.

The ruling came from judges Diana Jurado Espino, Lucy Castro Chacaltana, and Ronald Anayhuaman Andia, who said the red underwear was a sign that it was voluntary sex.

“The supposed personality (shy) represented by her does not relate to the undergarment she used on the day of the incident,” said the judges, in their ruling in the South Zone Transitory Supraprovincial Collegiate Criminal Court in the city of Ica.

“This type of women’s underwear is normally used on special occasions leading to moments of intimacy, which gives the impression that the woman prepared or willing to have sexual relations with the accused.”

The attack was reported last year in January by the 20-year-old victim, who remains unnamed due to legal reasons.

The lady claims she lost consciousness after she was lured to a party under false pretenses by the attacker, known as 22-year-old Giancarlo Miguel Espinoza Ramos.

She says she woke up the next day naked in his bed.

Protesters have called for the judges’ decision to be overturned.

In a show of solidarity, some of the demonstrators have held banners with messages including:

“Listen up, judges. Don’t use my underwear to justify rape.”

Others held posters with the faces of the judges who made the ruling and the message:

“Lace is just lace, it’s not an insinuation.”

The Public Ministry of the country made a statement on October 30 saying they had requested that the ruling be overturned and that a new trial take place in another court. 

The Control Office of Judiciary (OCMA) recently started an investigation into suspected misconduct by the judges and will make a decision on whether a disciplinary investigation needs to be conducted.

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