Attorney Noelia Núñez has petitioned Paraguay's Supreme Court of Justice to overturn an Appeals Chamber decision that annulled a 12-year prison sentence for Axel Fabián López, convicted of sexually abusing a former beauty queen in 2017. According to Ultima Hora, Núñez argues that the Appeals Chamber's ruling constitutes institutional violence and revictimization, and she is seeking an exemplary ruling from the high court.
The case dates back to 2017, when the victim, a former beauty queen, traveled from the interior to the capital with her parents. They were delayed by paperwork and stayed at the home of family friends—the parents of López. That night, the victim went outside to see Labrador dogs and was allegedly assaulted by López. She later experienced burning pain and difficulty walking; a medical examination confirmed herpes simplex virus, a sexually transmitted infection, which she said was transmitted during the assault. López also tested positive for the same virus, according to Núñez.
In an initial trial, López was acquitted of coercion and rape, but that verdict was annulled. A second trial earlier this year resulted in a 12-year sentence, which López appealed. In April, the Appeals Chamber reversed the conviction and ordered a third trial, citing the lack of an apostille on a digital medical certificate issued abroad. Núñez contends that the certificate was never challenged as false and that the Appeals Chamber ignored other corroborating evidence.
“By ordering a third trial for an administrative omission, the Tribunal ignores that the victim of coercion and rape is a vulnerable person. Form cannot prevail over the victim's right to a definitive resolution, preventing the process from becoming an instrument of institutional torture,” Núñez told Ultima Hora. She added that the victim has also suffered telematic violence, including false claims of pregnancy and abortion, and nearly lost her crown.
Núñez described the nine-year ordeal as a “calvary” and a reflection of the suffering many victims face. “The message is that you suffer more by reporting than by keeping silent,” she lamented. She argued that in sexual abuse cases, a coherent victim testimony minimally corroborated by peripheral evidence should suffice to overcome the presumption of innocence. The Appeals Chamber, she said, isolated the medical diagnosis from the rest of the evidence, ignoring that other expert reports and testimony already met the standard of proof beyond a reasonable doubt.
Núñez's action of unconstitutionality, if successful, would mark a milestone for victims of sexual abuse in Paraguay, emphasizing the need for a gender perspective and an end to revictimization in the judicial process.