‘Red knickers’ based decision by panel of judges in Peru leads to national outcry after the case against the alleged rapist was dismissed on Oct 29

The panel of judges sitting in the city of Ica acquitted the accused rapist based on the color of his accuser’s underwear in a decision that sparked outrage in Peru

Judges Ronald Anayhuaman Andia, Diana Jurado Espino and Lucy Castro Chacaltana argued that the complainant had misrepresented herself

The Judges in dismissing the complainant’s case, said the alleged victim’s red underwear ‘suggested the woman was prepared she was willing to have sex’

Acquitting the rapist has created public outcry in Ica and the capital, Lima, as protesters have rallied against the ruling

The decision comes as activists across Latin America urge their governments to do more to tackle endemic levels of violence against women

Demonstrators wear red knickers pulled down around their legs, in a show of solidarity with the alleged victim

Banners bear protest messages including: ‘Listen up, judges. Don’t use my underwear to justify rape’ and ‘Lace is just lace, it’s not an insinuation’

Peru’s Public Ministry has requested that the ruling be nullified and a new trial take place in a different court

An investigation into suspected misconduct by the judges will decide if a disciplinary investigation needs to be conducted

The strange decision by a Peruvian court that a woman who wore red underwear to a party could not have been raped because the garment signaled she intended to have sex, has led to widespread protests by activists around the country
The South Zone Transitory Supraprovincial Collegiate Criminal Court sitting in the city of Ica, ruled in a rape case that the complainant’s choice of lacy red knickers gave the impression she was ‘prepared or willing’ to have sex with the defendant.

Dismissing the complainant’s characterization of herself, the judges said that the victim was not shy and reserved as she claimed.
The justices rendered their judgment citing the victim’s choice of underwear as evidence and acquitting the defendant.
The verdict of the court on October 29, sparked outrage in Peru, where women having taken to the streets in protest – some with red knickers around their legs in a show of solidarity with the complainant 

‘A Rapist in Your Path’ – Women wear red knickers for protest against Peru rape sentence chanting a feminine protest song

The identities of those involved in the case – first reported in late January 2019 – have not been included in official documents.
However, Peruvian media have named the accused as a 22-year-old man. The victim – who has not been named in the media – is reportedly a 20-year-old woman. 
According to local media, the woman said she fell unconscious at a party after being taken their by the accused who told her they were going to collect some official documents. 
The following day she awoke naked in the accused’s bed. 
The accused rapist in his testimony insisted that the allegations are simply an act of ‘revenge’ against him by the victim. 

Judges Ronald Anayhuaman Andia, Diana Jurado Espino and Lucy Castro Chacaltana argued that the complainant had misrepresented herself, claiming that women only wear red underwear when intending to have sex.
‘The supposed personality represented by her [the victim] (shy) does not relate to the undergarment she used on the day of the incident as this type of women’s underwear is normally used on special occasions leading to moments of intimacy, which gives the impression that the woman prepared or willing to have sexual relations with the accused.’ 
The judges also stated there were ‘omissions’ in the complainant’s testimonies. 

Protests have not been just in Ica, protests have also been held in the capital, Lima. Many of the demonstrators have red knickers pulled down around their legs, in a show of solidarity with the alleged victim. 
Some hold banners bearing messages including: ‘Listen up, judges. Don’t use my underwear to justify rape.’
And in reference to the complainant’s underwear: ‘Lace is just lace, it’s not an insinuation.’ 
Others, hold placards bearing the faces of the judges who made the ruling. 
The protesters chanted the lyrics to A Rapist in Your Path, a feminist protest song. Others held placards bearing the judges’ faces.
The song ‘A Rapist in Your Path’, has become a rallying cry for women’s rights protesters around the world after first being performed in Chile for the International Day of the Elimination of Violence against Women on November 25.  

Peru’s Public Ministry issued a statement on October 30 – a day after the court’s decision – saying they had requested that it be nullified and that a new trial take place in a different court. 
The Control Office of Judiciary (OCMA) on Monday opened an investigation into suspected misconduct by the judges and will decide if a disciplinary investigation needs to be conducted.
In the same vein Peru’s Ministry of Women said it ‘profoundly rejected’ the court’s argument which it said contained stereotypes and ‘revictimized’ the complainant.
‘The eradication and punishment of violence against women can only be possible with an impartial Judicial Power that is aware of its fundamental role in order to eradicate rape and discrimination based on gender,’ it said.
The Ombudsman’s Office has said it will present a request ordering that a new court reinvestigate the case ‘with better objectivity.’
The Human Rights Coordinator for the city of Ica has gone further to invite several official bodies from the city’s legal system to undertake an extensive course on gender bias.