Resolution of the Provincial Criminal Prosecutor's Office on the rape complaint against María Magdalena Monteza Benavides.
Prosecutorial resolution that closed the investigation for rape against María Magdalena Monteza Benavides, deriving the case to the military jurisdiction for considering it a crime of abuse of authority.
The 44th Provincial Criminal Prosecutor's Office of Lima issued a resolution on May 2, 1995 regarding the complaint of rape filed by María Magdalena Monteza Benavides against military personnel. The resolution closed the investigation, considering that the military jurisdiction was not competent to hear the crime of rape since it was not expressly established in the Code of Military Justice. The acts were qualified as an extralimitation of the functions of the military personnel, and an investigation was initiated for the alleged military crime of abuse of authority. The resolution was based on the fact that the Forensic Medicine Expert Opinion No. 11605/92 did not show any result related to the reported rape.