QCOSTARICA – Gerardo Porras Montagne, 30 years of age, on Friday was found guilty by the Pavas Criminal Court for having consensual sex with a minor, a 14 year-old girl.
According to Costa Rica’s Article 159 of the Criminal Code, the offence of having sexual intercourse with a minor between the ages 13 and 15 is between two and six years in prison.
However, Porras, member of the musical group Los Ajenos will not be going to jail, despite the prosecutor’s office requesting a 23 year prison sentence for two counts of sexual abuse and two counts of rape.
According to the indictment, the crimes occurred back in 2008 when the young girl, aged 14, was a student in the Escuela de Musica de La Sabana, where the Porras was a guitar teacher. The crime was not reported until 2011.
On Friday, the Criminal Court judge, sentenced Porras to 2 years in prison. However, given the man does not have a criminal history, he judge granted five years probation (beneficio de ejecución condicional de la pena, in Spanish), meaning he will not see the inside of a prison cell.
On Facebook, the bank on Friday night posted that Porras is no longer with the group, he had quit 15 days ago, before the trial began.