Argentine Supreme Court Upholds Closure of 2008 Child Abuse Case Against Nicolás Márquez

Nicolás Márquez, a prominent ultraconservative writer and close associate of Argentine President Javier Milei, is at the center of a long-standing child sexual abuse allegation that saw its legal process conclude without a conviction. The case, initiated in 2008 following a complaint involving his then-three-and-a-half-year-old daughter, recently reached the Supreme Court of Justice of the Nation, which ultimately upheld its closure. As journalist Ivy Cángaro stated in a recent tweet, "Data Clave was able to access the case, witness statements, expert reports, and the progression of the case," bringing previously rumored details to light.

The complaint stemmed from the child's mother after the girl, identified as "F," reportedly told her "Papá me tocó la pochola" (Dad touched my private parts) and demonstrated the actions. Medical and psychological evaluations, along with drawings, indicated trauma and behavioral changes in the child, as detailed in reports accessed by Data Clave. Despite the gravity, Márquez reportedly denied the allegations, suggesting the child was influenced by her mother.

The initial penal investigation in Mar del Plata faced significant hurdles, including being archived shortly after its inception in 2009 by Fiscal Andrea Gómez, without even summoning Márquez for questioning or interviewing key witnesses like the pediatrician. Subsequent efforts by another fiscal to re-open the case and gather evidence were reportedly thwarted when Gómez returned and re-archived it. This pattern of procedural delays and omissions characterized the early years of the legal battle.

Over more than a decade, the case saw multiple appeals and rejections, with the defense successfully arguing a lack of "sequelae" despite witness accounts of the child's distress. The legal battle ascended through various instances, including the Court of Appeals and the Cassation Court, before ultimately reaching the Supreme Court of Justice of the Province of Buenos Aires, and finally the Supreme Court of Justice of the Nation. The Supreme Court ultimately dismissed the final appeal on February 24, 2022, effectively ending the criminal proceedings without a judgment on the merits.

Critics and media outlets, including Data Clave, have highlighted Márquez's influential connections, including his affiliation with Opus Dei and alleged ties within the Mar del Plata judiciary, suggesting these factors may have contributed to the case's outcome. Márquez, known for his strong conservative stance and proximity to President Milei, has faced other allegations of violence, further fueling public scrutiny. The now-adult daughter may still pursue "Juicios por la Verdad" (Truth Trials), a civil mechanism to establish facts without criminal conviction.