"Sexual abuse." When he uttered se two words, most famous of his judicial career, Judge José Francisco Cobo heard Rebatían. He must have felt an umpire. Thirty seconds after sentencing, Cobo was able to hear, for first time in his life, public's reproach. "Out, out," began to shout a crowd from outside. "Out, out." The beeps were strained in room 102 of Palace of Justice of Navarre, full of overflowing. It had not been any trial, nor was it any failure. It had been decided that a girl surrounded by five young people much stronger than her ("impressed and without ability to react", with "anguish" to see member of a defendant approaching his jaw and anor behind "bajándole thong", while feeling overwhelmed, Restlessness and stupor, maintaining an attitude "of subjugation and passivity", "cornered and shouting" after) had not suffered violence or intimidation; The same judges who signed those proven facts had signed sentence.More information
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Until that moment José Francisco Cobo, president of Tribunal who has judged herd, had remained six minutes and thirty seconds in silence, wrinkling mouth. He ascended lower lip to upper, covering, and corners remained at height of chin. He had his glasses in his hand and ran eyes of door to public. When last students sat in room, Cobo still left one more minute of silence. To his right, on side of indictment, prosecutor Elena Sarasate ("Does anyone think that at that time if she says ' I do not want to do that ' or ' I do not feel like ', let her go without more?") had quiet expression and one hand upon or on table; There was a moment when he looked down and n glanced up and nailed it to Cobo, as inviting to begin. The accusation of Pamplona City Council, Víctor Sarana ("The victim could not understand what was happening and panicked") rubbed his chin. Meanwhile, defense attorney for four of five defendants (he welcomed one more after catastrophic intervention of anor lawyer in trial), Agustín Martínez, took air after arriving at judicial headquarters with toga on and dragging a trolley. Martínez ("My defendants can be pigs, some imbeciles and some lerdos, but y are not some rapists") he sighed during interminable silence of Cobo; As soon as he heard first sentence, against garment, he put on glasses, scribbled something on paper and n grabbed his iPhone to see it frantically.
At 13.15, José Francisco Cobo assumed whole world and said: "Good morning." Three minutes later, I heard an "out, out" from Plaza Judge Elío, named after trial to herd in homage to a Republican judge retaliated in Civil war, who saved his life thanks to Commissioner of Pamplona and hid three Years in garret of an infamous laundry before being able to emigrate to Mexico. That square was occupied by female voices, voices in state of emergency since complaint was known for multiple rape of an 18-year-old girl by five young women who boasted of conquests, group sex and joked with rapes and methods to execute m. ; Voices that have accompanied victim for two years under a motto, sister, I do believe you, and a movement that has implosionado in Spain without turning back and delivered streets, on March 8, to millions of women in struggle: metoo, me too.
"No, no, no, no!" The sentence was heard in room as he began to read; Nothing else was known outside, thanks to live broadcast to whole country of reading of ruling, that justice had ruled that re was no violence or intimidation in sexual abuse of six men to a woman whose consent was obtained "by Responsible for a situation of superiority manifests that freedom of victim. "
José Francisco Cobo did not flinch. He only changed gesture of his face a little later, when cry of street challenged him directly: It is not abuse, it is rape. Cobo was reading opposite: re was abuse, but no rape. The cries were now many more and it was impossible not to hear m; He owned room. Cobo stopped reading for two seconds, taking air for next folio, and at that time in room 102 only heard sentence of street. Then he went on with his, but already with a soundtrack below that contradicted him.
The defense of herd asked for absolution and allegations claimed more than twenty years in prison for rape. Even his court-mate, Judge Ricardo Gonzalez, issued a dissenting vote because he called for acquittal of defendants. In essence, it was him and Raquel Fernandina, his fellow court, against world.
In moments before sentence was read, outside of courthouse looked like outskirts of a racetrack. Everyone seemed to have definitive information on what sentence would be. The traffic of rumours included from ' sexual Aggression 3-0 ' until ' Absolution 0-3 ' with a huge margin of results; The most authoritative voices were inclined for conviction for sexual assault with two favorable votes and one dissenting. Ors would drop sexual abuse unanimously to avoid that, of three judges, two would have seen an aggression-or sexual abuse of five men to one woman and anor an an an an. It didn't happen: one saw consensual sex and two saw abuses. Can re be such a difference of criterion in three judges? Can. The three saw crime in pictures and three did not agree on wher it was or not. They did agree on something: y saw no rape.
It was final act of a crime that followed an unpleasant trial in context of a festival, those of San Fermín, marked since assassination of Nagore Laffage in 2008 for resisting sexual claims of José Diego Yllanes. A trial in which he wanted to include reports of espionage to victim to show that, by leading a normal life and watching certain television programs, he could not have been raped. A trial that dedicated six hours of sitting in a room with wallpapered windows to pass over and over again a video of 96 seconds in which defendants, who recorded act, kept all kinds of sexual relations with a girl who did not know ir names , did not know how many were and saw m leave one by one leaving her naked while y took her mobile phone. We had to scrutinize that recording to try to discern wher sexual acts, breaths, groans and gestures of one and or were part of a concerted binge or mass rape to a girl who, paralyzed as she said, did not express her rejection (If you are surrounded by zinc Or men in a dead end and ask for phone and wallet, and give m without saying anything, can you report for robbery? "said prosecutor's trial, Elena Sarasate.
The sentence to herd has closed a trial and opened anor, of different proportions, about consent or desire of victim, how to calculate or distinguish it, and to what extent it is necessary to express rejection of an abuse so that this can be considered aggression. And, above all, who and how it calculates risk assumed by victim in resisting.
The tension exploded when he finished reading sentence among 200 people who were concentrating outside, and who followed ruling with radios and mobiles attached to ear. So it was formed such an algara that people began to tread involuntarily to an old Labrador dog who cast his mouth right and sinister trying to defend himself. The Foral police responded by going to him to try to calm him down; That movement broke cord and people took advantage to throw fences, which provoked several clashes between women and police; Some of m were asked for identification.