The three minors under 16 arrested for abusing another, of the same age, on the afternoon of February 20, 2021 during a bottle held in the place known as ‘El Túnel’, in the Covaresa neighborhood of Valladolid, have been sentenced to one year, nine months and fifteen days of semi-open internment at the Zambrana Center.
It is the agreement reached between the files, the prosecutor of the case and the private accusation that has already resulted in a final judgment of the Juvenile Court and that, therefore, will avoid the trial that was scheduled for a week to start this Wednesday, January 26, according to legal sources informed Ep.
The three convicted and six others, among whom was the victim, had arranged to celebrate a bottle the afternoon of the February 20, 2021 in ‘The Tunnel’.
The victim and a friend had known the rest since the summer of the previous year and since then they had met with some frequency for parties, some of which had taken place on the same stage where they played music that afternoon and the minor consumed a mixture of liquor and an energy drink that produced a strange tidal wave, until she felt totally disoriented and suffered alterations in perception.
It was from then on the minor lost control of her actions, he saw any inhibition capacity regarding his impulses annulled, at which time the three condemned men, being alone with the victim, had sexual relations with her. The sentence considers it proven that by then the victim “already suffered from a deep obliteration of the awareness of what was happening around him and of the ability to control and decide what he wanted or did not want to do”, of which the convicted, although they had also been drinking, “they were perfectly conscious.”
The ruling also notes that “There is no record that the minors resorted to force or coercion, nor is there evidence that she resisted by deed or word, since she was in a situation of extreme helplessness and fragility as a result of the drunkenness caused by the intake of alcohol and therefore had her intellective and volitional abilities nullified, and the Minors, aware of this, took advantage of this state and situation to satisfy their sexual desires.
Provisionally, the prosecutor requested three years of internment for each of them as authors of a crime of sexual abuse and two others as cooperators with respect to those committed by their colleagues on the bench, while the victim’s lawyer was interested in eleven years for one of them and eight for the others two, together with the mandatory measures of isolation and incommunicado detention and the corresponding compensation.
The final agreement supposes the acknowledgment of the facts registered almost a year ago in Valladolid by the three minors and the acceptance of the authorship of a crime of sexual abuse and their cooperation in two others, translated into one year, nine months and fifteen days of internment in a semi-open regime, of which they will spend a first internment period Effective one year and three months and then a second period, of six months and fifteen days, under a supervised release regime.
Also, they have forbidden to approach the victim less than 100 meters from her home, place of study or wherever she is, as well as the prohibition to communicate with her by any means for four years, along with the obligation to compensate the minor among the three as direct civil liability–her parents are jointly and severally liable –with a total of 20,000 euros and Sacyl with 521 euros for the damages caused.