The Provincial Court of Madrid has ordered on Monday the entry into immediate prison of the three young people sentenced to penalties between 14 and 15 years by raping an 18-year-old girl with intellectual disabilities in 2015 in Collado Villalba. For this, the court has taken into account that the sentence is very high, following the position of the Office of the Prosecutor of Madrid and the private prosecution, have informed legal sources.
The Prosecutor's Office had requested the provisional prison in a closed door, waiting for the verdict to be final for Ricardo AM and Martín A. F -which is a civil guard-, both sentenced to 15 years in prison, and for Miguel Angel CO -military-, sentenced to 14 years, "given the severity of the sentences imposed" and to "avoid the risk of flight". During the hearing, the accused, known as "the herd of Collado Villalba," have alleged "family ties" to avoid entering the prison. Two of them will be sent to the military prison.
In this case, in the opinion of the Office of the Prosecutor, all the requirements set forth in the Law of Criminal Procedure in terms of preventive detention, that is, the existence of a crime punishable by more than two years, reasons to believe the defendant responsible for the crime and the need to avoid being able to evade the action of justice.
The three judges of Section 29 sentenced the three men for sexual assault continued There was no violence, but there was "environmental intimidation". According to the document, it is a situation in which the "intimidating effect can be caused by the mere presence or concurrence of several people, other than the one who materially consummates the sexual assault, since the presence of the group can produce a state in the attacked person. of environmental intimidation at the same time as causing an effect of psychological reinforcement of those who are surrounded by other people who encourage them ".
The Chamber clarifies that "based on the fact that the sexual relations prosecuted were carried out by the defendants without the free consent of the victim, who refused repeatedly at the insistence of the accused, intimidation occurred."
"She was cornered by the presence of the three individuals, in a closed place, a room with a bathroom, and acted in fear that something might happen to her and in the belief that she would not leave unscathed there without having satisfied the sexual desires of the accused, "the resolution indicates.
According to the sentence, the three convicted will be subject to a measure of probation for seven years, which they will begin to comply once the prison sentence has been canceled. In addition, they are forbidden to communicate by any means with the victim, as well as to approach their home or place of work, for a period of 25 years. They have also been sentenced to compensate each one to the victim with 30,000 euros to repair the serious moral damages and the psychological consequences.