He denounced his ex-partner on Facebook for abusing his daughter and ended up sentenced to 23 years - Flavia Saganias convicted Cruz dej Eje court.
Flavia Saganías was convicted by a court, in the Cordoba town of Cruz del Eje, for instigating an attack against her ex through the social network. He has been in prison for more than a month.
A 41-year-old woman was sentenced by a court of Cruz del Eje, in Córdoba, to 23 years in prison for instigating an attack on her ex-partner on Facebook and accusing him of abusing one of her daughters.
The incident occurred in August 2017, when Flavia Saganías denounced Gabriel Fernández for sexual abuse against one of his 8-year-old daughters, the result of a previous relationship. His suspicions were fundamental: he had detected that the girl, not only was very angry and did not talk to almost anyone: at night she woke up screaming "how disgusting, how disgusting, I do not want."
Flavia Saganias convicted Cruz dej Eje court
There was also a history of violence against Flavia, that's why justice had issued a restraining order. A psychologist, then, suggested to Flavia that, as the baby did not tell her what was wrong, she made her draw. Flavia asked him to draw Fernandez and she drew two big hands and a penis.
With the drawing that the girl had made, Flavia went to the justice of Cosquín. “The girl didn't want to talk, she didn't let herself be checked. When I returned I was more afraid that Fernández would retaliate. He violated the restraining order. That's when I made the famous escrache, ”Saganías said during the trial.
A social worker determined in 2017 that “there were no signs of abuse” in the child and, just two months after the complaint was filed, the judge filed the case, which was being processed in the Cosquín courts.
Frustrated by the judicial setback, Flavia posted a Facebook post: “This child molester, reported in the Cosquín prosecutor's office, is still loose. One more rapist who is still free among our children. His name is Gabriel Fernández and he lives in Pampa street in the background. Please spread Let us take care of each other since justice does nothing. ” The publication was online a few hours: it was denounced and unsubscribed.
The girl's father, who lives abroad, learned about the Facebook post and contacted Flavia's brother to ask him to find out what had happened to his daughter. Flavia's brother and mother, who lived in González Catán, decided to travel to Córdoba.
In public statements, Emiliano Saganías - Flavia's brother - said that when they arrived there they found a person “totally drugged who came out the door with a gun” and started a fight. Fernández's house was set on fire and he received heavy blows: according to his judicial statement, he was tied up and was violent.
Therefore, and based on Fernandez's testimony, the Cordoba justice considers that it was a case of justice by his own instigated by Flavia. According to the case, the publication she made on Facebook would have been the starting point of a plan that Flavia devised to harm her ex-partner and that her brother and mother specified.
Flavia argues that the evidence they used to condemn her is false and the women's movement demands her acquittal. During the trial, Saganías said that she had not had a dialogue with her mother or her brother for a long time.
Meanwhile, for the Cruz del Eje court, the woman was instigator of the attack, and her mother and her brother, co-authors of the incident. She was found guilty of inciting the crimes of “attempted homicide aggravated by the bond, by reprimand and by the premeditated contest of two or more persons, in an ideal contest with sexual abuse with aggravated carnal access in degree of attempt and fire in royal contest " The crime of instigation, in general, has penalties very similar to the crime that is instigated.
Flavia's brother and mother, who were arrested after committing the attack against Fernandez, obtained the same sentence as her (23 years old).
“Who are my children with? Who are my children with? Please, nobody take my children! ”Shouted Flavia, crying when she was handcuffed from the courtroom, after knowing that she had been sentenced to 23 years in prison.
The case opens several questions. On the one hand, it is asked whether it was approached from a gender perspective and it is questioned why the fact that Flavia had five children, of whom she is the main economic and emotional support, was not taken into consideration. On the other hand, the question of lynchings and escraches is presented as collective responses that arise in the absence of judicial investigations.
In the foundations of the sentence it is assured that during the days in which the trial was taking place, Flavia Saganías “continued with the escraches throughout the Capilla del Monte. That impervious and blind behavior is sympathetic to the role of instigator. ”
Appeals to alleged evidence, such as the fact that Saganías received a photo of Fernandez's wounded and beaten body after the attack, an image his brother sent him. "He received this photograph as proof of compliance with the instigated," he said. The woman "was very afraid of losing her children, which is why it appears as consistent that she has planned the instigation," he says.
Another of the indications on which the conviction is based is the presence of a dog in the house of Saganías after committing the attack against Fernández. This animal, which was in the habit of following the people he knew, had belonged to Flavia but lived with Fernández.
"It can be deduced, from logic and common sense, that the animal was following its previous owner Flavia Saganías, who was probably waiting in the vehicle," which transported his brother and mother to the home of his ex partner. “This clearly fits into her role as instigator, of wanting to appear away from the executive scene of the crime, of having guided the co-authors,” is expressed in the ruling.