In Barcelona, the Juvenile Court number 6 handed down a sentence involving two underage defendants in connection with a sexual assault against a 13-year-old girl in September 2020. The court found that one of the youths, aged 14 at the time of the offense, acted with criminal responsibility, while the other participant was younger. The incident occurred in the Besòs district and the victim was subjected to oral and anal sexual acts after being approached by the two boys as she walked home. The court described that the older juvenile took steps to ensure the assault would proceed without interruption while the younger boy joined in the plan and enabled the abuse to continue in the public space of the Rambla Prim area.
The judge established that shortly before 8:45 p.m. on September 25, 2020, the convicted youths were in a park near Rambla Prim with the other boy. They noticed the girl as she walked along her usual route home alone. FPJ, the younger boy, told the girl that he would accompany her. Although she declined the offer, the two followed her and the younger one pretended to conceal a threatening object in his waist bag to intimidate her.
According to the court, FPJ then guided the girl to a different location against her wishes, and she expressed fear for her safety given the presence of the other minor. He reportedly warned her that she would face severe consequences if she resisted. Meanwhile, the other juvenile, GCC, did not intervene when the situation grew more dangerous.
Feeling increasingly frightened by FPJ and the presence of the older participant, the victim sought safety and expressed her desire to live. The adult defendant then requested that she consent to an intimate act while instructing the other juvenile to monitor the surroundings. The girl initially refused, but FPJ returned and made threats, eventually leading to anal intercourse. The court classified the behavior as sexual assault with aggravated elements due to coercion and the ages of the participants.
Two and a half years later
The court imposed a sentence of 18 months of probation and two years of probation for a crime described as sexual assault involving oral and anal contact by a minor under 16. In addition, the court ordered the offenders to compensate the victim with 5,000 euros for moral damages to be paid by the youths and their families.
During the February 23 hearing, the prosecutor characterized the events as a serious sexual assault and argued for three years of detention in a closed regime, followed by three years of probation. Legal representatives, including the minor’s attorney, supported measures aligned with the prosecution’s position.
In testimony, the younger defendant claimed that he was with a friend in the Las Palmeras park and that they had seen the victim, whom they knew from the neighborhood. He said the friend and the girl were talking, but that he did not understand why he was behind. He stated he did not feel any threat toward the girl from FPJ and that she had not asked him for help. He recalled that FPJ handed him a backpack and told him to wait by a set of stairs, after which the two separated and the girl left. The defendant asserted that the girl appeared willing to engage, and he claimed to see her as ordinary, noting no fear. The following day, acquaintances of the victim reportedly told authorities that the girl had engaged in sexual activity.
The judge considered the victim’s account credible, noting that the account given to the police and at trial remained consistent and that there was no evident hostility toward the defendants. The victim testified that the assault was observed from start to finish by the younger defendant.
Authorities also reported that two days after the incident, the same youths were detained for a separate violent robbery in the same area. A friend of the victim provided information about the incident, prompting police to visit the victim’s home and collect a formal statement. The girl was taken to a hospital the same day. The magistrate considered the defendants’ conduct to have contributed to the assault, reinforcing the decision that the younger defendant acted as a necessary participant.
Sentence reduction
On punishment, social reports describe the accused as part of a family with strong emotional ties but a lax and inconsistent educational environment, noting limited ability to regulate conduct. This case marks the first time the youth faced formal charges, and there had been prior concerns raised by the child protection authorities. The court indicated ongoing risk associated with the youth’s behavior, with supervision by public services in place.
Reports describe him as a young man with risk factors including immaturity, susceptibility to peer influence, and prior antisocial patterns. There is recognition of some improvement in behavior and a sense of distancing from previous relationships. Consequently, the judge granted a more favorable prognosis and reduced the prosecutors’ requested term, cutting the detention portion by half while maintaining other sanctions.