Confirmation of dismissal by the Supreme Council of Military Justice

On February 26, 1997, the Supreme Council of Military Justice confirmed the dismissal of the rape case against María Magdalena Monteza Benavides, based mainly on medical examinations showing old injuries.

The Supreme Council of Military Justice confirmed the dismissal of the case related to the rape of María Magdalena Monteza Benavides. The Chamber of the Permanent War Council of the 2nd Judicial Zone of the Army had previously declared the dismissal and referred it to the Supreme Council for consultation. One of the central points to deny the occurrence of rape was the results of the different medical examinations to which Magdalena Monteza was submitted, which indicated the presence of old injuries and tears. The TRC considered that these results did not rule out rape outright, since the legal medical examinations in 1992 consisted of external examinations and were oriented according to the type of examination requested by the competent authority.

Source: Informe CVR, páginas 381-383
Location: Perú