The provincial court of Valladolid held on Tuesday the trial of the final defendant accused of taking part in a group sexual assault on a ... young woman with a disability in the Fuente de la Salud park on 30 August 2023.
According to the investigation, seven people took part in the assault. All of them, except for the defendant now on trial, were underage at the time of the incident. Two of the defendants have already been tried, with one of them acquitted and the other sentenced to three years' detention. The private prosecution has appealed the sentence.
A fourth suspect was under the age of 14 at the time of the events. As such, he could not be held criminally responsible and has therefore not faced criminal proceedings. Of the remaining three, two were not identified and the charges against a seventh were dropped during the preliminary investigation.
According to the prosecution's account, the defendant acted in collusion with at least six other people. The defendant and two others approached the victim and, when the woman said she had to leave, the defendant threatened her with a sharp object and demanded that she hand over her belongings. She gave them a handbag containing 20 euros.
After preventing her from leaving the scene, the defendant called other young men, inviting them to join in the alleged assault. The defendant reportedly summoned her the following day for another group assault.
During the hearing, the victim stood by her allegations and denied that the acts were consensual. The defendant, who answered only questions from his lawyer, denied the sexual assault, claiming that sex in public is not a crime and that the encounter was consensual.
Following the hearing of witness and expert evidence, the defence requested the full acquittal of its client, while the public prosecutor and the victim's solicitor stood by their provisional charges. Both sides are seeking sentences totalling 112 years' imprisonment, of which the defendant would serve 20, for the commission of various offences.
The suspect faces 14 years' imprisonment for each of the seven counts of rape involving violence and intimidation during a group sexual assault of a humiliating nature against a particularly vulnerable person, as the victim has a recognised disability of 59 per cent.
For producing child pornography involving a person with a disability, he faces ten years' imprisonment, as the alleged assault was recorded. In addition to these charges, he faces a further four years for robbery with intimidation. The defendant, who was 19 at the time of the offences, has already served two years of pre-trial detention.
In addition to these prison sentences, the private prosecution is seeking approximately 150,000 euros in civil damages.
Protest outside the court
While the trial was taking place, the defendant's relatives followed the proceedings from outside. There were some tense moments when a group of women from the CGT trade union unfurled a banner that read 'Stop the assaults'.
Women from the defendant's family criticised them and denied the assault. They told the protesters that the victim had "wanted it".
At the end of the rally, the union members read out a manifesto denouncing "a justice system that all too often comes too late, a society that questions victims and institutions that do not sufficiently guarantee prevention, protection and redress". They called for action to combat sexual violence "on the streets, in classrooms, in neighbourhoods by dismantling male privilege and building networks of mutual support".
"We do not accept that any woman should be considered less free, less credible or less worthy because of her disability," they stated in support of the victim and all women who have suffered sexual violence and "encountered silence where there should have been solidarity".