Two years in prison for a group rape in Torrevieja, with the execution of the sentence suspended for three years on the condition that no new crime is committed. This is the ruling issued by the Seventh Circuit Court of Appeals. The case began in the Provincial Court and concerns a sexual assault reported in September 2022 by an 18-year-old Nordic tourist based in Elche. Her complaint led to the arrest of four young men, aged between 19 and 22, by the Civil Guard. Two defendants did not attend the hearing when the indictment was filed because they could not prove their participation, while the other two were sent to trial. The initial proceedings spanned 12 years of planning, but an agreement was reached during the oral hearing between the Prosecutor’s Office and the defenses; one agreement was used by the defense counsel. The two 21-year-old defendants pleaded guilty, and the Public Ministry requested a sentence reduction to two years for each defendant, recognizing a highly mitigating factor due to the confession.
In addition to the two-year prison term, the defendants face a restraining order prohibiting contact with the victim or the victim’s circle for a period exceeding five years from the date of the sentence. The court also ordered probation for five years, along with €120 in compensation to the victim for injuries sustained during the assault, to be paid by each defendant, and €10,000 for non-pecuniary damages. The two defendants had been held in preventive detention at the October hearing and were released after agreeing to suspend the sentence for three years, provided they refrain from further crimes during that period and pay €4,000 of the compensation upfront, with the remaining amount to be paid in monthly installments of €500.
The controversial “yes means yes” reform played a role in the outcome, with sources close to the process noting that the agreement allowed for a more favorable result for the defendants than would have been possible under the prior statute, which would have limited the potential reductions to two years and six years in prison. According to judicial sources consulted by this publication, the defendants avoided months of prison time under the new framework.
night out
The acts deemed proven by the court occurred between the night of September 7 and the morning of September 8. An 18-year-old Scandinavian tourist attended a party with a friend in Torrevieja and reportedly consumed an unspecified amount of alcohol until around eleven o’clock at night, when she was left alone at a disco bar near the Torrevieja marina.
During the night, the court notes, the young woman became disoriented and had difficulty recalling how she ended up at a house on Calle del Mar where the defendants were staying. Upon arrival at that residence, the two accused allegedly acted in a predatory manner as the young woman was in a highly intoxicated state and violated her by penetrating her vaginally.
The defendants reportedly entered the room one by one to assault the victim while they spoke among themselves. They restrained her by gripping her arms. The victim attempted to resist, but the court’s ruling states she could not prevent the rape due to the force used by the defendants. The following day, she received treatment at Torrevieja University Hospital for minor injuries.
The case proceeded with charges against the two convicted individuals and the other participants, at the request of the prosecutors. The defense attorney, José Luis Sánchez Calvo, announced plans to pursue damages against the state for the time the client spent in custody. He indicated that he would file a property claim for compensation.
One of the two acquitted individuals was later arrested as an accomplice for failing to aid the victim despite being present at the home, while the other was found to have engaged in sexual activity with the victim with her consent. Following these findings, the remaining men entered the room and assaulted the victim, despite her protests.
Notes from the court indicate that a separate property claim may be pursued to address losses associated with time spent in custody, as well as potential compensation for psychological impact. The court’s decision reflects a complex assessment of fault, consent, and the impact of recent legal reforms on sentencing.
[Source: Seventh Circuit Court of Appeals decision; case details reported by local authorities and court records.]