A new sentence for group rape has revealed lack of adequacy of existing classification and need to revise Penal code to adapt that qualification to gravity of facts. The Alicante audience has imposed four-year prison sentences on three men who took turns raping an 18-year-old girl who was semiconscious. As in case of herd, Court has considered that aggressors did not use violence or intimidation to consummate insights, so it qualifies facts of abuse rar than sexual aggression, with consequent lowering of penalties.Previous Editorials
Questionable Freedom (23/06/2018)
Controversial judgement (27/03/2018)
The Herd (20/11/2017)
It is necessary to revise Penal code so that determinant, when it comes to qualifying a sexual aggression, is not wher re has been violence or intimidation, but absence of consent of victim. It is evident that so raped is a woman who is penetrated by three individuals who threaten her with a knife as if it is after being drugged, and instead penalty is very different.
The court has also applied in this case mitigation of undue delay, what has led to anor regrettable paradox: while delay in instruction has served defendants to alleviate penalty, in case of victim has prolonged suffering. Ten years has taken a long time to come to trial for continued changes in court, which has led to multiple shortcomings and anomalies in instruction. These include not being able to practice toxicological tests to determine presence of drugs because biological remains had been destroyed. The aggressors treated young woman in a degrading way and even invited ors to participate in aggression, until girl was rescued by or young people from her village. The process has been so painful that victim has withdrawn from appealing sentence, which once again puts into evidence double victimization suffered by attackers.
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