El Salvador: Prison for Former Judge for Sexual Assault of a Minor

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SAN SALVADOR (AP) — A Salvadoran high court on Monday sentenced a former magistrate accused of sexually assaulting a minor to ten years in prison, the prosecution said in the case.

The ruling was applied to former judge of the Third Civil Chamber, Jaime Eduardo Escalante Díaz. According to the investigations, on February 18, 2019, the then magistrate touched a nine-year-old girl in the private parts when she was playing with other children in front of her house in a populous neighborhood in a municipality east of the country's capital. The girl told her mother what had happened and they proceeded to search for the man.

Escalante was arrested by the police but because he was a magistrate of the Chamber he enjoyed constitutional jurisdiction, so it was necessary for the Legislative Assembly to submit him to a trial to remove his immunity and face criminal proceedings.

The trial was suspended three times for different reasons. In a first trial in November 2019, he was dismissed from charges of sexual assault and pointed out for a minor offence that he did not have a prison sentence. The Public Prosecutor's Office then considered that this resolution ignored all special laws on the protection of children, as well as international treaties.

The judges' resolution generated protests from human rights organizations that demanded justice.

The Prosecutor's Office appealed the decision and the case reached the Criminal Chamber of the Supreme Court of Justice — the highest court of justice — and the magistrates ordered that all evidence be admitted and that the proceedings be sent to the Second Criminal Chamber.