One of Mexico's wealthy 'Los Porkys' cleared of sexual assault because he 'wasn't lustful'

>>Click to see the rest of the infamous "Los Porkys." The judge's statement has sparked outrage among social media users in Mexico. >>Click to see the rest of the infamous "Los Porkys." The judge's statement has sparked outrage among social media users in Mexico. Photo: Twitter/@fafoluna Photo: Twitter/@fafoluna Image 1 of / 8 Caption Close One of Mexico's wealthy 'Los Porkys' cleared of sexual assault because he 'wasn't lustful' 1 / 8 Back to Gallery

A 21-year-old man accused of sexually assaulting a fellow student, a 17-year-old girl, was cleared of the crime because he didn't intend for his actions to result in sexual gratification.

Diego Gabriel Cruz Alonso was among the four affluent young men from Veracruz, Mexico — who have been dubbed "Los Porkys de Costa de Oro" or "Los Porkys" — accused of kidnapping and raping Daphne Fernández after a party in January 2015. Alonso fled to Spain but was extradited to Mexico. The charges against him specifically stemmed from the allegation he penetrated her using his fingers.

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Monday the ruling in that case was made public. Spanish-language publication Presencia reports that Anuar Gonzalez, the judge in this case, said that Alonso committed the offense "sin lascivia," without lascivious intent, and should therefore not be charged with a sexual crime.

"Crimes of a sexual nature consist of a lewd action with lust," Spanish-language Presencia quoted the judge. Gonzalez went on to say that it was merely "incidental rubbing," and the intention of "seeking sexual gratification was not present (in this instance). He did not intend to have vaginal, anal intercourse, nor oral copulation."

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The judge's statement sparked widespread outrage among those on Mexico's social media sites. A graphic in support of the victim has gone viral, it reads: "I touched but I didn't penetrate. I penetrated but not with my penis. I touched and I penetrated but I did not feel pleasure. It is not sexual abuse. This is what women in Mexico face."

"There's no disputing the facts. It's not some crazy woman saying this, it's coming from the judge's mouth and he's saying that if they touch you against your will, it might not be abuse," gender issues activist Estefanía Vela Barba told the Guardian.

Mexican courts have long been accused of offering preferential treatment to certain defendants. The general impression among the country's population is that wealthy, well-connected people are rewarded with leniency rather than met with justice. The victim's father, Javier Fernandez, told several outlets he believes that police had enough evidence and time to make arrests immediately but waited because the suspects came from prominent Mexican families.

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"Every attorney I've spoken to has told me that my daughter's testimony, the videos, and other evidence we have presented should have been enough to have these men apprehended a week after the formal complaint," Daphne's father, Javier Fernandez, told the New Yorker.

Another member of the notorious "Los Porkys," Enrique Capitaine Marín, is a former Woodlands resident accused of raping the victim. He was arrested in Mexico in May 2016 after being spotted in a coffee shop and is awaiting a ruling in this case.

The victim, Daphne Fernandez, shared her feelings in a Facebook post in March 2016:

"Yes, months after (the attack) I attempted to go on with my life, and some said I was 'fine," but who was with me at night when I cried until falling asleep. When I became depressed, when I destroyed my bedroom from anger and helplessness? Where were those who dare to judge me," she wrote. "Yes, I've gone drinking. I've gone out to parties. I've worn short skirts like many girls my age, for that I'm being judged?? For that I deserved what happened? That's why this happened?"