Argentine Court Confirms Dismissal of Charges against Auradou and Jegou in Mendoza Rape Case
Two months after the decision to dismiss the case and drop charges against Hugo Auradou and Oscar Jegou, accused of "gang rape with violence" in Mendoza, Argentina, for events that allegedly occurred on the night of July 6-7, 2024, the Argentine justice system has upheld the decision on appeal.
The Mendoza Court of Appeals, composed of three judges different from those in the first instance, unanimously considered that the appeal lacked merit, as no new evidence had been added to the case file. The ruling thus invoked "the lack of elements that would support a serious accusation." "No crime occurred," concluded the order, which highlighted "the poor work of the plaintiff’s attorney."
In their reasoning, which AFP obtained, the appellate judges stated that "the filmed footage (from security cameras), the testimonies collected, the medical and psychological expertise, as well as the plaintiff’s own messages in the hours and days following the events, strongly refute the accusation."
Referring to a "central point" in the case, they also noted "injuries to the plaintiff (…) which at first could have been interpreted as evidence of an assault" but which the expert ruled out, concluding that the bruises were "not consistent with the mechanics of the events alleged."
The plaintiff and her attorneys have 15 days to appeal to the Supreme Court. They did not hesitate to do so shortly after the decision was handed down. Attorney Romano has repeatedly stated that she will exhaust all remedies available to her, namely the Mendoza Supreme Court and then the Argentine National Supreme Court. The plaintiff’s attorney has also indicated that she could, in the event of further rejections and as a last resort, file a complaint with the Inter-American Court of Human Rights, based in Costa Rica.
Summary of the Case
In July 2024, two French rugby players, Hugo Auradou and Oscar Jegou, were accused of gang rape in Mendoza, Argentina. The alleged victim, Maria Soledad, claimed that the players had raped her in a hotel room after a party.
Auradou and Jegou denied the allegations and were released on bail. In September 2024, the investigating judge issued a decision of non-lieu, dismissing the case and dropping the charges against the players. The judge ruled that there was no sufficient evidence to support the allegations.
The plaintiff appealed the decision, but the Court of Appeals upheld the dismissal in November 2024. The appellate judges agreed with the investigating judge that there was no evidence to support the allegations and that the plaintiff’s injuries were not consistent with the events she described.
Reactions to the Decision
The decision has been met with mixed reactions. The players’ attorneys have welcomed the decision as a vindication of their clients. The plaintiff’s attorney has criticized the decision, saying that it is based on flimsy evidence and that the courts have failed to take into account the victim’s testimony.
The case has sparked a debate about the issue of sexual violence in Argentina. Some have argued that the decision sends the wrong message and that it will discourage victims from coming forward. Others have argued that the decision is a victory for the rule of law and that it shows that the courts are not willing to tolerate false accusations.
Next Steps
It remains to be seen whether the plaintiff will appeal the decision to the Supreme Court. If she does, it could take several years for a final decision to be reached. In the meantime, Auradou and Jegou are free to return to their lives and careers.
