The Barcelona Court condemns three of the four prosecuted for the three consecutive sexual assaults suffered by an 18-year-old girl in an abandoned factory in Sabadell on February 3, 2019 .
The court imposed 31 years in prison on one of the accused as the material author of one of the violations and necessary cooperator of the other two, as well as 13 years and six months on the other two accused of complicity in a crime of sexual assault (they were in place and did not prevent what happened, contributing to a climate of terror).
A fourth suspect has been acquitted, as there is no evidence to prove his presence on the ship. The controversy surrounded the holding of this trial before the questions of the prosecutor in the case.Senior members of the prosecution denounced their lack of sensitivity when conducting the interrogation, while professional associations came out on their defense. However, the public defendant remarked in his final report that he gave total truth to the version of the complainant.
The magistrates of the Sixth Section of the Court establish five years of probation for the defendants, all of them of Moroccan origin, which will be applied once the prison sentence has been served, and the payment of compensation to the victim of 60,000 euros.
It will be in the execution phase of the sentence and after having served three-quarters of the sentence, whether they are in third degree (semi-release) or on probation, when the possibility of expulsion from the national territory of the accused who are in Spain of irregular way.
The judges endorse the full testimony of the victim and emphasize that “as a source of information it has been credible to us”, since there are no signs of “insincerity” and it has consistently maintained its version throughout the process. The young woman explained that she was forced into the industrial warehouse by an unidentified person who approached her on the street.
First he raped her and later, in the same cabin, two other individuals. Only one of them, MA, was tried (a second fled and the third has not been identified) and has now been sentenced as the perpetrator of the sexual assault.
The court ruling, which can be appealed, includes the probative elements, in addition to the fundamental testimony of the victim, which have allowed the court to break the presumption of innocence of the three convicted defendants: M. A, as a perpetrator (accredited by DNA , although he said that the relationships were consensual,) and two accomplices, JB and RO, who were at the scene when the rapes occurred and did nothing to prevent them.
The sentence maintains that with this attitude “they actively collaborated in creating the intimidating climate.” It specifies that these defendants, recognized by the victim, remained “as spectators of the sexual assaults without doing anything.”
Environmental fear scenario
The condemned, argues the court, “participated in the creation of a scenario of environmental fear throughout the premises, as a violent gang would have done.”
The resolution abounds in the estimation of complicity, as the Supreme Court did in the sentence of the so-called ‘La Manada’ of Pamplona, understanding that the convicts “participated by getting up and being with the victim when he entered the premises together with the unidentified individual in the creation of an intimidating climate, which was easily perceptible by the situation in which the complainant found herself ”.
The ruling states that “although they did not materially participate in the repeated violations committed against the victim, neither did they do anything to prevent not only the initiation of those attacks but the continuation and termination, remaining indifferent and as spectators, which is not admissible because they came forced to intervene precisely to neutralize the intimidation that they had previously created, thus facilitating the multiple attacks that occurred in the closed place where they were ”.
The young woman, emphasizes the resolution, “in no case did she consent to the sexual acts” and neither could she avoid it “given the situation of fear and anguish” caused by the various sexual attacks, “even fearing for her life and physical integrity.
The events were investigated by a court in Sabadell. The investigations determined the existence of three material authors of consecutive violations. One of them has been tried and now sentenced together with two accomplices by the Barcelona Court.
A second material author, who was not recognized in the recognition rounds, fled before the accreditation of his participation by DNA was obtained. A third implicated, of which there is also a biological sample, but which could not be identified.