The Supreme Court expanded the sentences of three members of the so-called Sabadell herd for their role in the group rape of an 18-year-old woman in that Catalan town in February 2019. In cases of multiple sexual assaults, the conduct of individuals who belong to the group is treated as more serious when it involves violence and is linked to the victim’s privacy. The court clarified that this should be considered as necessary cooperation rather than mere complicity in such offenses.
According to the sentence compiled by Europa Press, the court accepted the prosecutor’s objection. The investigation led to increased penalties for two defendants who were convicted of complicity in the three rapes from 13 years and 6 months to 24 years, because they are no longer seen as mere accomplices but as necessary collaborators in the same crime.
Additionally, the Supreme Court raised the sentence of one of the perpetrators from 22 to 28 years. The sexual assault conviction for which he was sentenced included 12 years as the principal aggressor and another 16 years for being a necessary collaborator in two sexual assaults carried out by two other men, one of whom acted in absence and the other was unidentified at the time.
Based on the proven facts, one of the defendants approached the victim as she left a nightclub in February 2019. He grabbed her by the neck, pinned her against a wall, and subjected her to sexual violence. He then took her to an industrial warehouse where other inmates, all aged between 25 and 30, continued the assault, culminating around 7:30 in the morning when the young woman managed to escape and sought help from neighbors and others near her home and garage.
original penalties
It is noted that in 2021 the Barcelona Provincial Court sentenced three of the four defendants from the Sabadell group to as much as 31 years in prison for three sexual assaults. Specifically, the court sentenced the principal aggressor and the necessary collaborator in the other two assaults to 31 years, while two other defendants received 13 years and 6 months for complicity in sexual assault; the fourth defendant was acquitted for lack of evidence showing his presence at the scene and time of the events.
Subsequently, the Supreme Court of Justice of Catalonia partially accepted an appeal from one defendant and found the defendants complicit and duly uncooperative in two sexual assaults not committed by him. Instead of 9 years and 4 years and 6 months in prison, the court did not alter the 13-year sentence for sexual assault, resulting in a total of 22 years for that defendant.
Now the Supreme Court has increased the sentences by evaluating the defendant’s claims. The prosecutor’s office indicated that the situation, initially described as complicity in the three defendants, was actually best described as necessary cooperation in the crimes.
necessary cooperation
The Supreme Court clarified that the concept of necessary cooperation applies in the following scenarios: even without a prearranged plan, rape can occur in the presence of others without prior agreement but with awareness of shared action. The presence or gathering of several individuals can create a social climate that intimidates the victim, even if not all participants directly commit the abuse.
Is it always an act of inexcusable intimidation and collective coercion? The judges noted that the victim may be made to feel submissive, not simply coerced into giving consent. At the same time, the Court stressed that the mere presence of a group does not automatically exculpate or condemn every participant; the nuance lies in the awareness and degree of involvement. In parallel, the Court highlighted that a heightened exposure to multiple assault threats reduces the victim’s ability to react, which is why the overall severity can rise dramatically and diverge from the idea of simple complicity.