Brazil court upholds actor Juan Darthés' conviction in Thelma Fardín rape case

A court in Brazil has upheld a six-year prison sentence against Argentine-Brazilian actor Juan Darthés in the rape case brought by his former co-star Thelma Fardín, confirming an earlier conviction and rejecting appeals by the defence.

The ruling by the Federal Regional Court of the Third Region means Darthés will serve his sentence under a semi-open regime, spending nights in prison and being allowed out during the day, sources familiar with the case told local media outlets.

The judges’ ruling also states that the acts for which the actor was accused were proven and should not be revisited at this stage.

Fardín welcomed the decision in a post on social media, writing: “We won again,” and thanking her lawyers, Carla Junqueira and Martín Arias, as well as friends, relatives and witnesses who testified, including actress Calu Rivero.

“To everyone who writes to me, who shares their stories, who stops me in the street and is moved to tears – we heal one another,” she said. 

She also thanked her mother, saying “I am the daughter of her battles,” and her partner, Nicolás Riera, “for showing me that the armour of a warrior can be set aside.”

The same court had issued the original conviction in June 2024, but Darthés’ legal team filed a series of appeals that have now been dismissed. The complaint was first lodged in December 2018.

Darthés was denounced in December 2018 by Fardín, who accused her fellow actor of raping and sexually assaulting her in a hotel room in Managua, Nicaragua in 2009.

The incident took place while both were employed for a touring production of the children’s TV programme Patito Feo (“Ugly Duckling”). Fardín was just 16 years old at the time, while Darthés was 45.

In mid-2019, Nicaragua requested the opening of criminal proceedings against the actor as a direct perpetrator of the crime of aggravated rape. Prosecutors accused him of "taking advantage of work-related trust and the age difference."

Darthés left Argentina that same year to avoid being arrested under a warrant distributed by Interpol. He sought refuge in Brazil, his country of birth. 

The Brazilian Constitution does not allow the extradition of nationals but its penal code allows them to be prosecuted domestically for crimes committed abroad.

The case was subsequently taken up by the Federal Public Prosecutor's Office of São Paulo.

In the few times Darthés has spoken publicly about the case, he has rejected the allegations against him.

Fardín’s allegations had an explosive cultural impact in Argentina and across Latin America, prompting a wave of other women to come forward with accusations of sexual abuse. 

The massive spread of the ‘#MiraComoNosPonemos’ (the phrase can be translated as “Look at what you do to us” and was allegedly said by Darthés) hashtag denouncing criminality drew strong comparisons with the ‘#MeToo’ movement in the United States. 

Amnesty International Argentina, which has supported Fardín’s legal fight, welcomed the judges’ decision.

The NGO said the ruling marked a “decisive step” and sent a clear message: “Sexual violence against girls and adolescents must be investigated and punished, and attempts to discredit those who come forward must not become a tool for impunity.”

– TIMES/NA