The 2nd Chamber of the Military Justice Court (TJM) upheld, this Thursday (12), unanimously, by 3 votes to 0, the conviction of two Military Police corporals for raping a 12-year-old teenager.
Corporal Wellington Camargo da Silva allegedly committed the crime with the connivance of Fernando Silva Teles on April 29, in Bauru, around 340 km from the capital.
The corporals have been in prison since August 8, when they were sentenced by the 4th Military Justice Audit to 9 years and 7 months in prison for the rape and to 1 year and 3 months in prison for abuse of authority.
A third accused – a soldier – was acquitted.
The PMs claim their innocence and say they are victims of a frame-up by drug traffickers. The police officers’ lawyers appealed the decision.
The defense’s appeal, however, was denied by the TJM and the conviction – supported by prosecutor Pedro Falabella – was maintained.
The complaint presented by prosecutor Giovana Ortolano Guerreiro points out that the accused were on duty when they were called to investigate a complaint about a man who was armed in a place that, according to the police, was known as a drug sales point.
Corporal Silva Teles allegedly jumped out the window of Wesley Aparecido da Silva’s residence. He entered there, according to the prosecution, without authorization from the owner of the house.
In addition to Wesley, his girlfriend, Pamela Paola Josino da Silva, and the 12-year-old teenager, a friend of the couple, who was staying the night there, according to the complaint, were there.
Corporal Camargo then ordered the minor to lower the blouse she was wearing, but the teenager, embarrassed, only lowered part of her clothing, at which point the corporal removed the minor’s entire blouse, leaving her breasts exposed.” According to the complaint, Corporal Silva Teles, who was in the same room in the house, witnessed the fantasy and did nothing to stop his colleague.
Afterwards, Corporal Camargo ordered Wesley and Pamela to leave the room, leaving only him and the teenager.
The complaint then describes the sexual violence that was allegedly carried out by the police officer. “Even though it caused extreme pain to the teenager, he repeated the act once more. Afterwards, he reprimanded the offended party, saying that ‘she was too far in front (of the closet) and was going to put her hand in her face’ (sic).
Corporal Camargo’s entire criminal activity was covered up by Corporal Silva Teles, who remained in the neighboring room, in the hands of the owners of the residence”, stated the prosecutor’s complaint.
While his colleague remained with the girl, Corporal Silva Teles allegedly took drugs from a bag he had with him and threatened the couple, asking “if it was today that they would be arrested”.
For the prosecution, the accused committed the crime of abuse of authority when they entered, without authorization and without a reason to justify their presence, the victims’ property, threatening the victims, in addition to Camargo having committed sexual crimes against the teenager, with the participation of Silva Teles, who contributed to the commission of the crimes.
The couple heard the corporal’s order for the teenager and also the girl’s request for the soldier to stop abusing her. They also saw the teenager pulling up her pants, after the military police officer raped her in the next room. According to witnesses, the teenager went into shock.
The expert report found sexual violence. It was then that the investigation was opened and the arrest of the corporals was requested by the prosecution. After the conviction in the 1st instance, the Permanent Sentencing Council of the 4th Military Audit maintained the arrest of the defendants.
Corporal Silva Teles stated in his defense that he did not enter any house. He also denied having approached residents and stated that he did not know anyone at that address. Finally, he stated that he believes that the witnesses falsely attributed crimes to him and his colleague to keep them from patrolling the region, due to their firm role in combating drug trafficking.
His colleague, Corporal Camargo, claimed the same. He said he and his colleagues are known in the neighborhood because they disrupt drug trafficking in the area. “The entire team was denounced by the traffickers and no others,” he said.
He said he “likes working and seeks to defend society”. And he concluded that he does not know why he is being accused, “falsely, by the minor”. Ultimately, he claimed he was never prosecuted.
