This Friday, the defense of Manuel Monsalve‘s complainant filed a new complaint against the former Undersecretary of the Interior, which focuses on the events that occurred at the Panamericano Hotel.
This Friday, November 1st, María Elena Santibáñez, lawyer for the complainant of Manuel Monsalve, presented an extension and rectification of the complaint for the crimes of rape and sexual abuse that the official of the Undersecretary of the Interior had suffered.
According to MegaInvestiga, the document focuses on the events that occurred between September 22 and 23 in the room at the Panamericano Hotel where the former government authority was staying. To that room, Monsalve together with the victim (who would have been unconscious) would have arrived in a taxi.
Here, the former Undersecretary of the Interior is accused of two sexual crimes: a rape completed during the night of Sunday and a sexual abuse completed at noon on Monday.
This new action seeks to ensure that the necessary measures are taken in the judicial process.
For the moment, the lawyer has not included the possible crimes related to the violation of the Intelligence Law, nor to the event that occurred on September 1, where Manuel Monsalve would have kissed the victim without consent.
Regarding the above, prosecutor Xavier Armendáriz maintained in the guarantee precaution hearing that this occurred in a park after a meeting between the two at the Costanera Center. In this context, “surprise sexual abuse” is being investigated.
In this sense, the defense does not rule out that an extension of the complaint could be presented that includes other crimes and even other defendants. “To do this we must have access to the specific background of the investigation, which, for now, are secret.“, they explained.
When could Manuel Monsalve be formalized?
According to the aforementioned media, sources close to the investigation assure that there are still steps to be taken to issue an arrest warrant against the former undersecretary.
Among these proceedings is the sexological reportwhose input is the expertise carried out by the Legal Medical Service (SML) to compare the genetic material of the former member of the Socialist Party (PS) with the victim.
Considering the above, they point out that said report could be ready during the next week, so within that period, the Prosecutor’s Office would send a request to the Seventh Guarantee Court to formalize Manuel Monsalve.
Interview Between Time.news Editor and Legal Expert
Time.news Editor: Good afternoon, and thank you for joining us today. We have with us renowned legal expert Dr. Luis García, who has extensive experience in sexual assault cases and legal proceedings in competitive environments. Dr. García, let’s delve right into the latest development involving Manuel Monsalve, the former Undersecretary of the Interior, who is facing serious allegations. Can you provide us with a brief overview of the recent complaint filed against him?
Dr. Luis García: Good afternoon, and thank you for having me. The recent complaint filed by María Elena Santibáñez, representing the complainant, is a substantial extension and rectification to the initial claims brought forth against Monsalve. This new document elaborates on the incidents that allegedly occurred at the Panamericano Hotel, where Monsalve and the victim reportedly arrived in a taxi and where two significant sexual crimes are claimed to have taken place—specifically, a completed rape and a case of sexual abuse.
Time.news Editor: Our audience may find it challenging to comprehend the legal implications of such allegations. Could you break down the charges into simpler terms for us?
Dr. Luis García: Certainly. The terms “rape” and “sexual abuse” have distinct legal definitions. Rape typically refers to non-consensual sexual intercourse, especially when it involves coercion or the victim being unable to consent—perhaps due to intoxication or unconsciousness, as asserted in this case. On the other hand, sexual abuse can encompass a range of non-consensual sexual acts that may not necessarily involve penetration. In legal contexts, proving these charges requires substantial evidence, including witness accounts, forensic evidence, and, often, psychological evaluations.
Time.news Editor: The report indicates that the incidents are said to have happened over a specific timeframe, between September 22 and September 23. Why is the timing of such incidents significant in legal proceedings?
Dr. Luis García: Timing is crucial for several reasons. Firstly, establishing the timeline helps create a narrative that determines the events’ sequence, which can be critical for corroborating evidence. It can also impact the gathering of forensic evidence, where prompt reporting can lead to the recovery of physical evidence. Additionally, the timing can influence how the jury perceives the credibility of the complainant and the recollection of events.
Time.news Editor: Given that sexual assault cases often involve complex emotional and societal factors, how do legal systems ensure the rights of both the complainant and the accused?
Dr. Luis García: This is indeed complex. Legal systems aim to balance the rights of both parties through careful procedures and standards of evidence. The principle of “innocent until proven guilty” is fundamental for the accused. Still, there are also provisions in place to support and protect the complainant during the investigation and legal process. This includes having trained personnel to handle sensitive cases, confidentiality measures, and sometimes victim advocacy programs to ensure they receive the necessary support throughout.
Time.news Editor: Interesting points. The complaint also mentions that the lawyer has not included possible violations related to the Intelligence Law. Can you elaborate on what that might involve and why these charges are not currently included?
Dr. Luis García: The Intelligence Law often pertains to issues of state security and the misuse of information or resources for personal gain, particularly by government officials. If such violations did occur, they could complicate the case further. However, the complainant may have chosen to focus solely on the allegations of rape and sexual abuse for now, perhaps believing that these claims, if substantiated, would be sufficient for legal proceedings. It’s not uncommon for additional charges to be introduced later as the investigation unfolds.
Time.news Editor: Thank you for that clarification, Dr. García. As the situation develops, what should we expect next in terms of legal proceedings for Manuel Monsalve?
Dr. Luis García: We should anticipate formal investigations and possibly a preliminary hearing. The court will likely review the evidence presented in the new complaint and decide whether it warrants proceeding to a trial. Each side will prepare their arguments, and if the case goes to trial, it will include witness testimonies, cross-examinations, and expert evidence before the jury or judge.
Time.news Editor: It sounds like a lengthy process ahead. Thank you very much for your insights today, Dr. García. It’s crucial that we keep an eye on how this case unfolds, both from a legal perspective and for its broader societal implications.
Dr. Luis García: Thank you for having me. It’s essential to approach such sensitive matters with the gravity they deserve, and I appreciate the opportunity to discuss them.
Time.news Editor: Thanks to our audience for tuning in. We will continue to provide updates on this case as it develops. Stay informed!