'Los Porkys' Rape Scandal Update: Judge Orders Release Of Sexual Assault Rapist

Over a year ago a grotesque case of "Los Porkys" went viral when a band of men raped an underage girl by the name of Daphne Fernández Torres. The assailants -Jorge Cotaita Cabrales, Gerardo Rodríguez Acosta, Diego Cruz Alonso and Enrique Capitaine- confessed to their crime in a video and apologized to Daphne for what they did. One of the rapists fled to Spain but was detained awaiting a veridict. Now, a judge from Veracruz is ordering the release of Diego Cruz Alonso because there is not enough evidence of his participation in the sexual assault case.

"The testimony from the minor doesn't give light of conduct, that is, an insinuation, obscene word, proximity, situation that gives the security of committing sexual abuse deliberately with erotic intentions or to satisfy sexual appetite", judge Anuar González Hemadi said. "Touching or incidental rubbing, be in a public or private place, would not be considered a sexual act, if the element of intent to satisfy a sexual desire at the expense of the passive subject."

After the news broke El País was able to get a hold of Daphne's father to get a reaction to the atrocity. "With this legal protection anybody would be able to touch a young girl without penal consequences," Javier Fernández said. "It's inconceivable. I am surprised and angry. Two years of fighting, battling, of rowing against the current so that they conclude this. They got away with the arrest order and now they are giving him legal protection two years later. This is a joke, it's absurd."

Javier Fernández, sat down with Jorge Ramos for an interview on Univision’s “Al Punto" in April 2016 where he narrated what these kids did to his daughter, and expressed his frustration with Veracruz’s law system and its way of protecting individuals just because of their socioeconomic status.

“She was leaving the club and then she was taken against her will,” Fernández told Ramos. “She was forced to get in a car with these four individuals. You already know their names […]. And they take her against her will, they drive away, and on their way to their destination they begin to sexually assault her. They later take her to a house, where they consummate the act.”