Chemical rape victim: “I felt like a rag”

In the case heard this Tuesday, the Prosecutor’s Office made a request for sentencing in the Barcelona Court. seven years in prison for sexual misconduct for the accused who denied the facts and insisted that the relationship was consensual;

The days when sexual abuse is committed in cases of chemical rape are numbered: new “yes yes” lawThe law, which will come into effect on October 7, now eliminates such crimes, which carry 4 to 10 years in prison, and includes sexual assault. Up to 12 years in prison.

If raping an unconscious person under the influence of toxic substances has been evaluated as abuse and mitigated the punishment, The new law also provides an aggravating situation. if the rapist provokes this situation in the victim to commit sexual assault without their consent.

The case heard in the Barcelona Court this Tuesday, The most common profile of chemical submission violations: 80% known pertaining to the victim’s environment According to a guide recently prepared by the Ministry of Justice, the substance used for the annulment of the will is alcohol.

The guide also recommends a protocol for testing to detect toxins in the victim’s blood; this will be the key to proving the aggravating situation with the new law and is not common at the moment: Valentina M. , the clinician’s forensic doctor refused to do these because, as he said, “it wasn’t necessary since he consumed alcohol”, making it impossible to find out if he was taking drugs.

aggression

Valentina M. admitted in court today that on the night she was attacked, on 6 March 2020, she and her friend, defendant Daniel M., went to a nightclub in Barcelona and both drank a bottle of rum. he had bought it from a store before.

He admits that he felt a little drunk while dancing, but lost consciousness until he drank a drink given by a friend of the accused. A young man did not wake up in the defendant’s car until the next day, whom he admitted to having had consensual sexual intercourse on other occasions.

The accused hired him and, according to the victim’s account, he was surprised that he wore his underwear inside out when he went to the toilet, and then he began to feel discomfort in his vagina and anus, so he wrote to him. Daniel M.: “Please tell me what happened.”

“Did you rape me?”

This WhatsApp conversation actually became the main evidence against him. “Did you rape me?” asked Valentina M., expressing her concern about unprotected sex. After admitting that the defendant did not use condoms, she replied: “Hahaha, what’s up! Then you like it.”

Valentina described the feelings she felt when she found out she had been raped in court – “she was in so much pain, she didn’t know if she was alone or more people” – and her “anger” with the accused: “I had given her my trust. I’m not a rag.”

Although he didn’t mind blaming Daniel M. at first, on the advice of a friend, he went to the Hospital Clinic in Barcelona two days later, where they collected DNA samples that proved anal and vaginal penetration.

The defendant, on the other hand, claims that the sexual relationship was consensual, and his defense states that he blamed himself after learning that the victim had started a dating relationship with another girl.

Her mother supported the acquittal version in her witness statement, assuring that on the night of the events she saw, the victim had entered the house without any sign of fainting because they had “greeted”. EFE