The Court of Justice of São Paulo (TJSP) condemned the physiotherapist Nicanor dos Santos Modesto Junior to 12 years, 5 months and 10 days in prison in a closed regime for rape of a vulnerable person.
Nicanor, 46, was sentenced for the abuse committed against a 29-year-old publicist in the Intensive Care Unit (ICU) of Hospital São Luiz, in Jabaquara, south of São Paulo.
The trial took place on June 16, at the Barra Funda Criminal Forum, on the west side of the capital. In the sentence, Judge Renata Malahem da Silva determined that the defendant also pay R$ 10,000 in compensation to the victim, as compensation for moral damages.
The physiotherapist’s defense can still appeal.
According to the prosecution’s indictment, on January 23 of this year, Nicanor took off the patient’s apron, who was recovering from spinal surgery, and then placed his fingers on her private parts, claiming that it was a technique to “relieve pain”. muscle”.
Also according to the document, the action would have occurred more than once.
On the same date, a complaint was registered by the publicist, and the professional was removed from the hospital where he worked. “We clarified that he was an employee of an outsourced physiotherapy company and had been providing services in the unit for about a month”, communicated the hospital at the time.
In February, the Public Ministry of São Paulo filed a complaint with the state Court of Justice. With the arrest decreed by the TJ in March, Nicanor fled, but was found two months later near the city of João Monlevade, in the interior of Minas Gerais.
The physiotherapist was detained by the Federal Highway Police and transferred to São Paulo.
wanted by CNN to comment on the conviction, the publicist’s lawyer, Luciana Terra, stated that the decision legitimizes the victim’s report by recognizing her vulnerability and physical weakness.
“The conviction and maintenance of the prison reinforce that it is worth believing in Justice and denouncing violence to guarantee the protection of these women”, said the lawyer.
The victim, who prefers not to be identified, also commented on the judge’s decision. “Today we had a victory, and I say that in the plural, because this fight is not just mine”, said the publicist.
“I don’t know why this happened, but I do know that God allowed me to cross over and be a spokesperson, be maybe [uma] strength, to other women who have lived the same.”
A CNN attempted to contact the defendant’s defense, but did not receive a response until the publication of this report.
Case is not the first involving the physiotherapist
In addition to the conviction, Nicanor dos Santos Modesto Júnior has faced other accusations over the years.
In 2007, in Bahia, a report of abuse against a 7-year-old child was registered against him; the process has been archived.
In February 2022, a police report was registered at the police station in Guarulhos, in the metropolitan region of São Paulo, on the grounds that the physiotherapist had sexually abused a pregnant woman inside a maternity hospital where he worked at the time.
According to the Secretariat of Public Security, in February of this year another complaint was offered by the Public Prosecutor’s Office to the TJ after the conclusion of the investigations in the latter case, but there has still been no trial. The process proceeds in secrecy of Justice.
*Under the supervision of Vinícius Bernardes, from CNN, in São Paulo
Source: CNN Brasil
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