In Argentina, two judges may be removed from their positions after revealing they reduced the sentence of a pedophile because his victim allegedly showed signs of being gay.
According to Reuters, Mario Tolosa was convicted of sexually abusing a 6-year-old boy in 2011 and sentenced to six years in jail.
An appeal was filed, however, and last year, two judges reduced the sentence to 38 months. The judges claimed their decision was influenced by the boy displaying "transvestite conduct" and previous sexual abuse he experienced by his father.
According to Yahoo! News, judges Horacio Piombo and Benjamín Sal Llargués said,
It cannot be considered abuse when a boy is used to being abused in his home and is accustomed to sexual behavior and has a homosexual orientation.
In an interview with local Argentinian media, Piombo reportedly said,
[The boy suffered] the initiation by his father into the worst of worlds, leading him to deprivation.
He claimed the boy's abuse from his father made him behave like a "transvestite," Daily Mail reports.
As a result, Piombo suggested Tolosa's crimes cannot be deemed "gravely outrageous" since the boy was already "making a precious choice" regarding his sexuality.
Interior and Transport Minister and presidential hopeful Florencio Randazzo tweeted the judges' decision was "an embarrassment."
He added the ruling showed a "judicial power that is bureaucratic, archaic, and without any common sense."
The Argentine Federation of Lesbians, Gays, Bisexuals and Transgender (FALGBT) plans to file a complaint against the judges and, with the help of several politicians, have the men impeached.
Esteban Paulon, the leader of FALGBT, told Reuters he is "almost certain" the Supreme Court will overturn the reduced sentence and restore the original punishment.
The discrimination against the abused boy based on his presumed sexual orientation is made explicit in the ruling. There are some sectors of society that still don't understand the concept of equality for all.
Tolosa was reportedly released from jail and is said to live a few blocks from his victim's home.
Citations: Paedophile has sentence reduced because his six year old victim was showing signs of being gay in Argentina (Daily Mail), Judges reduce paedophile sentence because child victim was gay (Yahoo! News), Activists call for impeachment of Argentine judges over paedophile case (Reuters)