ALMERÍA, 18 Nov. (EUROPA PRESS) -
The lawyers of the three young men convicted of the group rape of a 24-year-old girl in the Campohermoso de Níjar (Almería) nucleus in April 2016 are going to request the review of the sentence handed down in the last instance by the Supreme Court, which ratified sentences of 15 years in prison for each of them only for sexual assault --up to 16 with an additional crime of injuries--, based on the new Law of Guarantees of Sexual Freedom, known as the Law of 'only yes is if'.
From the defenses exercised by the lawyers Mónica Moya, José Miguel Ramos and Enrique Sánchez have indicated to Europa Press that they have reached a consensus to file an appeal in understanding that the ruling is subject to revision, for which reason they trust to finalize it throughout the next few days and formalize it before the courts, foreseeably before the Supreme Court, next week.
In this sense, the lawyers believe that the application of the new law could mean a reduction in prison sentences based on the new limits to the criminal types that vary with the entry into force of this law.
It should be remembered that the High Court after the Superior Court of Justice of Andalusia (TSJA) raised from 13 to 15 years in prison the sentences for a continuous crime of sexual assault with penetration included in articles 178 and 179 of the Penal Code, with the aggravation of the subtype of article 180.1.2ª.
The Supreme Court dismissed the appeal of the three defendants against the decision of the Superior Court of Justice of Andalusia (TSJA) that established said penalties for the crimes of sexual assault and injuries and that raised them by two years in relation to the initial sentences of the Court de Almería, with a total penalty for each of them of 16 years, in addition to compensation to the victim of 47,500 euros.
The High Court resolves the appeal in which it rejects up to six reasons for the defenses and endorses the pronouncement of the TSJA, which upheld the appeal of the private prosecution exercised by the Martín de los Reyes y Asociados law firm, understanding that the consummated crime of The violation occurred "on a continuous basis" as there were several authors who cooperated with each other to carry out their plan.
The Andalusian Chamber concluded in its ruling that the "three defendants contributed with their necessary acts to commit the crime of sexual assault, taking place between the same people and in a temporary scope", and raised the prison sentence from 13 to 15 years for each of them for rape, to which was added another year in prison for a crime of injury.
In the same way, it rejected that the facts could constitute a crime of sexual abuse and not rape, since the defendants "used force to overcome the victim's opposition," as can be seen from the injuries suffered by the victim, that they were to "bend his will in the face of his opposition."
It should be remembered that the victim, who was dizzy as a result of having ingested alcohol, was driven by car by the defendants to an open field, where she was sexually assaulted by each one of them in a row while they helped each other to break the will of the girl, who was injured and lost consciousness.
In this sense, the TSJA invoked the ruling of the Supreme Court on the case of 'La Manada' in which it recalls that it is enough for the perpetrator of the rape "to use force or intimidation to break the will of his victim" " to point out the violation.
The Andalusian High Court highlighted the "credibility" of the victim's story and indicated in its foundations that although "it wants to raise doubts about the victim's statement", she "has stated the same story at all times, without doubts of relevance appear".
He also had an impact on a series of elements that corroborate the young woman's version, including the version of the pub doorman who saw her leave with two of the convicted, the injuries suffered by the victim "typical of a non-consensual relationship" endorsed by the doctors and the coroner who examined her, the defendants' acknowledgment of some details such as that they saw the victim after the events "with her pants on backwards", or the statement of the woman's co-worker.
On the other hand, the court pointed out the "absolute lack" of evidence regarding the consumption of narcotic drugs that was alleged by the defense of the young people, whose faculties were not considered "diminished" given the duration of the events with the victim. , who was led to a field after putting her in a vehicle when leaving the pub.
"There is not a minimum of evidence that the defendants were under the influence of alcoholic beverages," the sentence added. The sentence, which also rejected the participation in the rape of one of the convicted, understanding that, at least, he participated as a necessary cooperator in the sexual assault, also endorsed compensation of 47,500 euros in favor of the victim based on moral damages suffered by the young woman.
In the same way, the judicial decision confirmed the restraining order and solitary confinement of the defendants for 23 years with respect to the victim, a period of probation of seven years and the payment of costs.
The judgment finds it proven that around 1:00 a.m. on April 11, 2016, the victim was in the Garufa Pub in the Campohermoso neighborhood of the town of Níjar (Almería) and entered into a conversation with A.E.V.L., who she invited him to go out into the street to get some fresh air when she felt very dizzy from the consumption of alcoholic beverages, falling in the establishment on at least two occasions.
Thus, they were accompanied by J.M.S.G. while at the door of the premises A.M.S. behind the wheel of a car into which both A.E.V.L and the victim got into the back.
The three went to a road next to an institute that J.M.S.G. later arrived at. in another car, to which they all moved, the girl being held by the defendants.
Upon arriving at an area surrounded by greenhouses, the defendants got into the back of the car where they stripped the victim of her clothes and where they forced her to have sexual relations with the three of them despite the "opposition" of the victim, who "lost consciousness" as a result of the violence of the assault.
The young woman was awakened by J.M.S.G. inside the vehicle, where she found her pants on backwards and her underwear tied to the knee while she had black briefs covering her chest as a top.
Thus, she was transferred back to the pub from which they had left "two or three hours before" to pick up her bag. Coming out of it, she was again met by A.M.S. and A.E.V.L., who offered to accompany her to her house, to which she agreed "as she was very dazed and confused by what had happened in the previous hours."
They all stopped at the Selecto pub on the way, where the victim asked for a bottle of water before continuing on the march.
It was then that a Citizen Security patrol of the Civil Guard intercepted them at around 4:00 a.m., without the victim informing them of the attack she had suffered when her companions demanded that she not tell anything and not clearly remember what happened.