The Superior Court of Justice (STJ) judges, on Wednesday (23), the appeal of Gabriel Ferreira Mesquita, owner of the Bar Bambambã, in Asa Norte, administrative region of the Federal District. He is accused of rape and tries to reverse the conviction restored by the court in August last year.
Gabriel is accused by 12 women of sexual abuse and in the process one of the victims states that he met man and consented to maintain sexual intercourse, but at one point he asked them to stop the act, but the defendant ignored her and would “forced anal sex” and raped her.
The accused was convicted in 2022 by the 2nd Criminal Court of Brasilia to six years in prison under a semi -open regime, but appealed and the victim’s testimony was invalidated. Gabriel was acquitted by the 3rd Panel of the Court of Justice of the DF (TJDFT) in May of the following year.
After the decision, the prosecutor filed the appeal to the STJ and, in 2024, the court accepted and reversed the acquittal, restoring the defendant’s conviction.
Gabriel was sentenced to eight years in prison for vulnerable rape in July last year in another process. In this case, the TJDFT understood that he gave another victim and forced sexual intercourse. The decision determines that the penalty be served in a closed regime, given that the crime is considered heinous.
In addition to rape, the man filmed the crime without consent, and provided the images to a notary as evidence in the process. The woman became aware of the video only when Gabriel’s defense presented the images in an audience. Thus, she registered another police report in January this year.
She reported in the first complaint that she had two meetings with Gabriel, being the first consented and what appears in the images provided to the court. At the second meeting, according to the lawsuit, he gave the victim and raped her.
“The victim, by the state of drunkenness in which he was, was unable to consent in sexual practice desired by the defendant, much less to offer resistance to his conduct,” said Judge Aimar Neres de Matos.
This content was originally published in STJ Judges Bar owner appeal accused of rape in DF on the CNN Brazil website.
Source: CNN Brasil
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