The Supreme Court accepted Raise the sentences of the three members “Sabadell herd” those convicted of participating Group rape of an 18-year-old girl in that Catalan town in February 2019, In multiple sexual assaults, the behavior of persons who are part of the group, even if they are not the perpetrators of the violation, is considered to be of extra seriousness due to violence. environmental privacy about the victim should be qualified as necessary cooperation, not just complicity.
In the sentence compiled by Europa Press, The court accepted the prosecutor’s objection. Investigation increased the sentences of two people convicted of complicity in the three rapes of the young woman from 13 years 6 months to 24 years, because they are no longer seen as accomplices but necessary collaborators of the same thing.
In addition, The Supreme Court increased the sentence of one of the perpetrators from 22 to 28 years. sexual assault for which he was sentenced to 12 years as the perpetrator of the rape and another 16 years as necessary collaborator of two sexual assaults committed by two other men (one in absentia, the other unidentified).
According to the description of the facts considered proven, one of the defendants He approached the victim while leaving a nightclub in February 2019. He grabbed her by the neck, pinned her against the wall and sexually abused her. She then took him to an industrial warehouse, where he repeatedly raped by other convicts – all between 25 and 30 years old – by 7:30 in the morning, the young woman managed to escape and sought help from some of her neighbors. he is leaving his house. garage.
original penalties
It should be noted that in 2021, the Barcelona County Court sentenced three of the four defendants from the ‘Sabadell herd’ to up to 31 years in prison. for three sexual assaults. In particular, the judges sentenced the perpetrator of one of the attacks and the necessary collaborator of the other two to 31 years in prison; 13 years and 6 months for the other two defendants for complicity in sexual assault; the fourth defendant was acquitted because “there is no evidence that he was present at the place and time of the events”.
Subsequently, the Supreme Court of Justice of Catalonia (TSJ) partially accepted the appeal of one of the defendants and considered the defendants complicit and duly uncooperative in two sexual assaults that were not committed by him. For this, instead of 9 years, 4 years and 6 months in prison twice, He did not change his 13-year prison sentence for sexual assault. So the sentence was 22 years.
Now the Supreme Court has increased the sentences by evaluating the defendant’s claim.He informed the prosecutor’s office that the situation, which was considered as complicity in the sexual assaults of the three defendants, was described as necessary cooperation in crimes.
necessary cooperation
The Supreme Court has explained that the concept of necessary cooperation applies in the following cases: “Even without a preordained plan, rape occurs in the presence of other persons without prior agreement, but with the awareness of joint action.”
“In such situations, the mobbing effect is produced by the simple presence or gathering of several individuals other than the person who concretely completed the violation, as the presence of the group can create a state of environmental intimidation in the person being attacked. Is it always inexcusable intimidation and group bullying? Magistrates make the victim adopt an attitude of submission, not consent,” he said.
In parallel, the Supreme Court there is an intensification of multiple sexual assault threats exposure of the victim with an effective reduction in the ability to react, leading to a qualitative increase in the severity of the situation, is fundamentally incompatible with complicity”.