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The herd gets rid of the rape

The Provincial Court of Navarre condemns the five defendants to nine years in prison for continued sexual abuse

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The herd gets rid of the rape

One of most anticipated sentences, that of alleged multiple rape — as trial judge called facts — of a young woman in Sanfermines of 2016, was resolvióeste Thursday, five months after hearing: nine years in prison for continued sexual abuse for The five friends of herd. According to facts tried in sentence, defendants "pulled it" to put it in a portal where y penetrated up to six times "without ir acquiescence". But court does not understand that re is violence or intimidation, so it does not consider it a violation. After being informed of ruling, women's collectives convened protests throughout Spain and representatives of all political parties demonstrated against judicial decision.

More information
  • FOTOGALERÍAProtestas after sentence of herd
  • The defense of herd: "There is no disgust, no pain, no suffering"
  • ' The herd is Us ', clamor of thousands of people in support of victim
  • DESCARGABLEConsulta entire sentence

José Ángel Pledge, Alfonso Cabezuelo (military), Antonio Manuel Guerrero (Guardia Civil), Jesus Escudero and Ángel Boza, aged between 24 and 27 when facts occurred and all (except one) with police history, were freed yesterday to be Convicted of rape. The second section of Provincial Court of Navarra imposed a sentence of nine years in prison for a crime of continued sexual abuse, in accordance with article 181.3 of Penal code, in aggravated subtype. The defendants have been in prison since July 9, 2016, two days after facts were judged.

In spite of fact that, as judgement takes, case has " peculiarity that re is a documentary medium [videos and photos] taken during development of events", tribunal has remained divided almost to last moment. The opinion, which does not correspond to request for a 22-year sentence for sexual assault requested by prosecution or acquittal that defences demanded, has left almost no one indifferent.

The sentence leaves no room for doubt. "Sexual practices were made without acquiescence of complainant, who was subjected," judges say, who believe that "as relations were held in a subjective and objective context of superiority, voluntarily configured by defendants, from which y were prepaid. " "It is unconcealable that complainant was suddenly found in a narrow and secluded place, surrounded by five males of very superior ages and strong complexion that left her impressed and without ability to react," y say. And y add that "videos (biased) show whistleblower cornered and squat against wall by two of defendants and screaming." "The complainant shows an absent rictus, keeps eyes closed all time, does not make any gesture or takes initiative on sexual acts or interacts with defendants; We appreciate that it supports m in a state that suggests absence and bluntness of ir higher faculties, "continue to relate magistrates, who warn that, as opposed to victim, defendants" show well to clear attitudes of Ostentation and flaunting in relation to situation, which underline through smiles. " "The video shows in a way that complainant is subject to will of defendants, who use it as a mere object to satisfy ir sexual instincts," court concludes.

At all times, throughout sentence, judges endorse version of victim and understand that girl did not denounce "out of spite" for having been recorded or photographed, as defended lawyers of defendants, but spontaneously and prey to fear. And y assume that ir narrative is coherent from beginning. "We consider it credible and corroborated with all objective data."

The whole argument is not enough, according to judges, to condemn defendants for sexual assault, considering that re was no violence or intimidation (requirements imposed by Penal code to this crime), which unleashed a legal and social debate yesterday What is necessary for a sexual abuse to be considered rape or for enough intimidation.

Without intimidation

The court explains that in order to intimidate re must be "threat or announcement of a serious, future and plausible evil, if victim does not agree to participate in a certain sexual action" and understand that this circumstance was not given. Instead, he does believe that re was abuse with "predominance" because re was a situation of "preeminence over whistleblower" that generated five friends "a privileged position on her".

The judges considered proven that " urged to enter portal by pulling it, and that of that guise entered enclosure in a sudden and sudden, without violence". The Court stresses that victim itself, throughout its statement at trial, insisted that it was not physically violated: "I am not saying that neir strong nor anything," he says in relation to moment of entry in portal. "It wasn't hard enough to leave a mark," he insists. "In his broad statement to plenary, complainant reduced his appreciation of level of pressure exerted by defendants to enter it into portal and bring it to cubicle" where facts were produced, he collected sentence.

The resolution has outraged many feminist groups that in two years that judicial proceedings have lasted have made trial of herd a symbol of struggle for women victims of rape. Yesterday, protests were held in several cities. The sentence has also not ceased according to particular accusations, represented by main Navarre administrations (Pamplona City Council and Foral community), who came to apply for 25 years for each of accused and who have been long Struggling to free stigma of sexual abuse at Fiesta de los Sanfermines, one of most international in Spain.

The social pressure surrounding case has been almost an actor in this whole judicial process. And fact that trial, with more than 60 witnesses and held in last two weeks of November, will be produced behind closed doors has increased expectation and rumor mill.

Until last moment tribunal has been divided and one of three members of tribunal, Judge Ricardo Gonzalez, has issued a dissenting particular vote calling for acquittal of five defendants in understanding that young woman agreed to maintain relations Sex with defendants.

The condemned have also been disabled for passive suffrage for duration of penalty. The hearing also imposes five years of probation on each one of m and payment of "Joint and solidarity compensation" for victim of 50,000 euros and 1,531 for Navarre Health service. The sentence of hearing of Navarre is appealable to High Court of Justice of that community and, predictably, it will be supreme that has last word.

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