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SPECIALIST CRIMINAL DEFENCE

Criminal Defence: Sexual Abuse Charges — Simple and Aggravated (Art. 119 APC)

In charges involving sexual integrity, the presumption of innocence is frequently under pressure. If you are looking for a criminal lawyer for sexual abuse charges — simple or aggravated (CABA and Province of Buenos Aires), we build a technical defence grounded in scientific evidence, expert oversight and absolute respect for due process.

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The defence lies in the scientific evidence

Sexual offences typically occur in private settings, which creates a scenario where “one person’s word” is pitted against “another person’s word”. The core difficulty is that, in these cases, the victim’s account carries significant weight with judges and prosecutors. Even so, a conviction cannot rest solely on a narrative if there is objective evidence that contradicts it, or if the testimony and/or the expert examinations lack technical rigour.

At Selser, Testa & Asoc. we mount an active defence supported by a multidisciplinary approach that combines forensic psychology, psychiatry and digital forensics.

Party-appointed expert witnesses (forensic psychologists)

We work with party-appointed expert witnesses who oversee the Gesell Chamber sessions and official psychological assessments, in order to identify possible induced statements, false memories or inconsistencies.

Digital evidence in Grooming cases

In cases of Grooming (Art. 131 APC), the evidence lives in the devices. We analyse profiles, metadata and the integrity of message histories, overseeing the digital chain of custody to validate or challenge what is admitted into the case file.

Family disputes and the context of the case

In some cases, the complaint arises in the context of a divorce, a dispute over custody or a contact arrangements conflict. We analyse the family court file, the parallel proceedings and prior history to identify inconsistencies and lines of evidence. Where appropriate, we coordinate this strategy with our defence against unfounded allegations, assessing parallel actions (counter-complaints / private prosecutions) if a criminal offence has been committed.

Defence resources

Gesell Chamber oversight

The Gesell Chamber is typically the central and unrepeatable piece of evidence. We request technical oversight with party-appointed expert witnesses and place formal objections to any relevant procedural irregularities on the record.

Bail and release

Given the expected sentencing range, there is a genuine risk of pretrial detention. We act from day one with applications for Pre-arrest Bail or release on bail, depending on the circumstances.

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Absolute confidentiality: all contact with the firm is protected by legal professional privilege. We handle every case with maximum discretion and respect.
Case law and guides on sexual abuse

To understand the criteria applied to the Gesell Chamber, limitation periods and the assessment of evidence, see our dedicated library.

MORE ON SEXUAL ABUSE CASES

Frequently asked questions and types of offence

The difference lies in the gravity of the conduct and the sentencing range. Simple sexual abuse (unwanted touching) carries lower penalties and, in some cases, bail may be available. Sexual abuse with penetration carries sentences of 6 to 15 years, which significantly increases the risk of pretrial detention. We act from the investigation stage (or IPP in the Province of Buenos Aires) to contest the charge classification, submit exculpatory evidence and prevent an unjust detention.

Never make any statement without a lawyer. Do not attempt to “clear things up” by speaking to the complainant or their family — whether by message or in person. The right course of action is to instruct legal representation immediately so that they can oversee the production of evidence (Gesell Chamber, expert examinations, witness statements) and submit from the outset all available exculpatory evidence (messages, emails, location data, photographs, witnesses, etc.) that supports your account.

The Gesell Chamber is a special procedure for taking evidence from minors in a protected environment. It is typically the central piece of evidence in the case, and it cannot be repeated. That is why we insist on the defence being present with party-appointed expert psychologists, who can identify leading questions, mistaken interpretations or external pressure, leaving a technical record so that the court can assess the evidence objectively.

The victim’s testimony carries significant weight, but it must meet standards of internal consistency, persistence and compatibility with the remainder of the evidence. If there are material contradictions, expert examinations that refute the account, or objective elements in your favour, the reasonable doubt must benefit you. That is the principle of In Dubio Pro Reo, which we invoke in every submission and hearing.

In family court proceedings, criminal complaints for sexual abuse are sometimes used to obstruct relationships, modify custody arrangements or leverage financial settlements. Our task is to integrate information from the family court file, the background of the conflict and expert reports in order to demonstrate possible instrumental use of the complaint. This approach can be developed further in our guide on false or unfounded allegations.

The limitation period for sexual offences was altered by the so-called “Victim’s Timing Act” (2015), which extended the periods and introduced grounds for suspension. However, for conduct that predates that reform, the principle of non-retroactivity of more severe criminal law applies. It is therefore essential to analyse the exact date of the alleged incident and the successive legislative changes, in order to raise the extinction of the criminal action where the law permits.

The collection and processing of genetic profiles depends on the applicable legal framework and the specific judicial decisions in your case. The defence oversees the lawfulness, proportionality and chain of custody of any such samples in order to prevent arbitrary decisions and minimise future impact.

Do You Need Urgent Assistance in a Sexual Integrity Case?

The initial stage of the investigation is critical. A single poorly worded statement or expert evidence without oversight can shape the entire proceedings.

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