The Supreme Court Prosecutor's Office has appealed the judgment issued by the Superior Court of Justice of Navarre against the five members of The pack. The public ministry considers that the intimidating attitude of the accused was "the one that allowed them to consummate the sexual acts on the victim". This "serious intimidation", in the opinion of the Office of the Prosecutor, would qualify the facts as a continuing crime of sexual assault, for which it requests a sentence of 18 years in prison for each of the accused, and not the nine that were imposed on them for sexual abuse with pre-emption.
"It is not permissible to force the right to the extreme of demanding from the victims heroic attitudes that will inexorably lead them to suffer greater evils," argues the public prosecutor in the writ of the appeal, in which he defends the position he had in the previous instance. "We are facing a helpless person, the victim, surrounded by five individuals of strong complexion and in a minimal space, separated and with no possibility of escape: is something else required to subdue the victim? We do not think so," explains the Prosecutor's Office
For the public prosecutor, any person could conclude before the described situation that to oppose "only could entail greater evils", which would take to fold "to the will of the aggressors".
In addition to the request for 18 years in prison, the Prosecutor's Office requests 10 years of probation and special disqualification from the defendants for the exercise of the right to passive suffrage during the time of conviction, as well as a prohibition against approaching the victim for 20 years. . It is also requested that a two-year prison sentence be imposed for the crime of robbery with intimidation of one of the defendants, Antonio Manuel Guerrero, for appropriating the victim's mobile phone.