Ayacucho, Peru: Prosecutor’s Office formalizes investigation against priest accused of raping minor, removes prosecutor who twice filed complaint

The Office of the Ombudsman (Defensoría del Pueblo) of Peru welcomed a decision by the 5th Superior Prosecutor’s Office of Ayacucho to formalize a preparatory investigation into a priest. The priest is accused of alleged acts against sexual modesty and rape involving a minor between 2015 and 2016. According to the Ombudsman, the formalization followed a recommendation from its institution and a challenge filed by the aggrieved party against a preliminary file, and it was intended to guarantee the constitutional right of access to justice for the injured person.

The Ombudsman’s Ayacucho office said it had earlier documented how the 2nd Provincial Corporate Prosecutor’s Office of Huamanga handled the case. After arranging a first file, the provincial office, according to the Ombudsman, did not observe the maximum period of investigation and did not pursue inquiries ordered by its superior hierarchical authority. It then filed the case again. The Ombudsman said this showed a marked position on the facts that violated the principle of objectivity. The title of the Ombudsman’s statement also refers to the exclusion of the prosecutor who had filed the complaint twice; the body of the statement does not describe that exclusion in further detail.

The Ombudsman also said that the provincial prosecutor had not complied with procedures ordered by the Public Prosecutor’s Office. These included an official psychological expertise and the collection of information about assistance measures provided to the person, who has since reached the age of majority. The Ombudsman also cited the lack of a response to summonses issued by the Unit of Assistance to Victims and Witnesses of the Public Ministry, and it said the reasons for the non-attendance had not been established.

Peru’s Public Ministry, through the 5th Superior Prosecutor’s Office, has now formalized the investigation. No charge has been reported against the priest in the Ombudsman’s statement, and no plea, conviction, or civil proceeding is described in the source. The priest’s guilt has not been established, and the matters described remain allegations under investigation. Lifting the case to the superior office is, in the Ombudsman’s account, a step toward ensuring a fair process for the person who has made the allegations, a call to protect the vulnerable (Proverbs 31:8-9).

The Ombudsman said it welcomed the decision and reaffirmed its institutional commitment to monitor access to justice for the injured woman. It said the aim is to guarantee her fundamental rights and to avoid any kind of revictimization.

Source: Read the original report (translated from Spanish)