The prosecutor’s office demanded that the sentences of two teenagers who raped a girl in Palma be reduced. The ‘only yes is yes’ law more beneficial for them. The defendants were arrested by the Magistrates’ Court. 13.5 years imprisonment for each of the ongoing rape crimes and alleviation of unnecessary delay. Before the next examination of the case by the Balearic Islands Supreme Court of Justice (TSJB), the prosecutor, Penalties should be set as 11 years in the implementation of the new legislation., the legal minimum provided. The defenses, for their part, insist demand an acquittal. The civil and criminal office will review the appeals in the coming weeks.
The second part of the State Court, the two defendants, Unidentified “with at least one other person”At dawn on June 18, 2016, he left a nightclub on Paseo Marítimo and offered to drive home the two girls they had just met. However, the driver He went to a field in the Genoa region.. There three men landed, They told one of the women to sit in the driver’s seat and undress. Then one after another they penetrated him.
According to the punishment, the victim “He did not offer any active resistance due to the increasingly important state of fear as he warned them that they had no intention of bringing them closer to their home from the direction they were going.”. In addition, the other young woman passed out from alcohol consumption as soon as she got into the vehicle. “He had to protect his friend as well, and because of all this, he took a passive attitude, fearing that something worse would happen to him if he objected.”detailed the decision.
The defendant’s lawyers appealed the sentence given at the end of 2021 to TSJB. In their claims, Realizing that the victim’s story is not enough to convict them, they insist on demanding the acquittal of the two youths.. Alternatively, the mitigation of unnecessary delays has been implemented on a high-quality basis and that penalties reduced in the application of the ‘only yes is yes’ law.
In a letter reached by Diario de Mallorca from Prensa Ibérica, the prosecutor said, rejects all arguments of defenses other than reduction of sentence due to new legislation. It argues that, with the criminal offenses in force after the reform, the facts would constitute a perpetual crime of sexual assault with vaginal sexual access, with the normal alleviation of excessive delay aggravated by the joint action of two or more persons.
In the prosecutor’s opinion, Penalty range is now fixed at 11 to 13 years in prison. public ministry, The State Court decided that it was appropriate to impose the minimum sentence prescribed at the time.. After this allegation, the prosecution The 11-year prison sentence must be renewed for each defendant.
TSJB will hold a hearing in early June for the parties to defend their conclusions and review appeals.