A judge has come under fire for releasing an accused rapist without charge because “he used a condom at the time of the abuse”.

Magistrate Rodolfo Mingarini has been slammed for releasing the defendant without charge in the Argentine city of Santa Fe on 30th May.

The judge argued: “I can’t understand how, if he’s going to have forced relations and he’s pushing her and overpowering her, I can’t piece together how he takes the time to put the condom on.”

The magistrate claimed the detail “stirred up doubts” and said “a number of things could have happened”.

He added that “the sexual relations could have started out as something consensual” before releasing the defendant, despite expert reports suggesting the victim had indeed been raped.

The identities of those involved have not been revealed, but newspaper Diario Uno Santa Fe reported the perpetrator was a bricklayer who was working one block from the victim’s home.

He allegedly entered the young woman’s house and raped her, leading her to file a complaint with the police in April.

Footage of the judge’s discourse was posted on social media where it stirred up a wave of indignation, particularly from feminist groups.

Activist group Ni Una Menos (Not One [Woman] Less) wrote on Facebook on 2nd June: “With judges like this, the perpetrators do not even need defence lawyers.”

The group revealed that the same judge had released a man accused of burning his partner with boiling water on bail in March last year.

According to the group, Mingarini released the man despite the Attorney General’s office’s recommendation he be taken into preventive custody.

It is unclear if the judge’s actions are being investigated by higher authorities.