The Supreme sentences three men who raped two women with chemical submission in Barcelona to seven years in prison

In September 2014, two women were in a Barcelona apartment drinking beer with several men. Throughout the night the two lost control over their bodies and stayed "paralyzed and powerless", at which time at least three of the men took them to the rooms, stripped them naked and sexually abused them: they had methoxetamine put in their beer when they were not looking. supreme court He has just imposed sentences of six years and 11 months in prison on two of them and a sentence of two years and five months on the third defendant for this case of chemical submission. The sentence describes how the victims "could not do anything to avoid it."

The events, according to the resolution to which has had access, occurred in a flat in the Catalan capital eight years ago now. The two victims were in a house with several men, two of whom are wanted, when one of them inadvertently slipped methoxetamine into their beer.

This drug, a ketamine derivative that broke into Spain a decade ago, it did not take long to take effect and the two women were "paralyzed and without strength". One of them reported that she fell asleep and the other that she remained conscious but unable to move or resist what was going to happen next: they were taken to the rooms, stripped naked, and the three sexually abused them.

The development of an investigation of a case of chemical submission depends on the speed with which the victims are analyzed by doctors to detect the substances, and in this case it was possible because they quickly sought the help of the Police and submitted that same day to a urinalysis. Professionals from the Clinical Hospital and the Institute of Legal Medicine of Catalonia certified the presence of methoxetamine in his body, the same substance that the agents found in the refrigerator of the defendants' house during the search.

The three defendants, who were tried while two other suspects remain unaccounted for, changed their version throughout the process until they affirmed that everything had been consensual. The judges, however, endorse the version of the victims, supported by the statements of the policemen who came to their aid as soon as they left the house: they were "lying on the ground", with the appearance of being "drugged", one of them was crying with "very dilated pupils" and another, added the police officer before the Justice, "was paralyzed and like a zombie".

The Barcelona Court considered the three guilty of the version of the crime of sexual abuse designed specifically for cases of chemical submission and imposed seven years in prison on two of them and two and a half years on a third who practiced touching one of the victims . Now the Supreme Court has reduced their sentences by one month by applying a mitigating factor of undue delay for the more than six years that the investigation process lasted.

The proven facts of this final judgment reflect how the abusers' plan was: "They invited them to drink beer with which they had mixed methoxetamine and which they consumed ignoring the presence of said drug in the drink," the resolution explains. It also highlights that they "could not do anything to avoid it" due to the effects of the substance.

The Supreme Court, with paul larena As rapporteur, he endorses the version of the victims against the exculpatory account of the abusers, which "has been variable throughout the case and has been adapting" to the appearance of different evidence. One of them, for example, went from saying that he had had sexual relations with a victim to admitting that he had been with both of them once genetic material appeared that compromised him.

His version, says Llarena, "is not real and is modulated by a clear exculpatory interest" in the face of the constant declaration of the victims and the police and forensic examiners who treated the young women. The coroner and the gynecologist affirmed that "they were clearly under the influence of the drug" and that the urine and blood tests certified that they had been victims of chemical submission. The Police found more than five grams of methoxetamine mixed with phenacetin, an analgesic prohibited in Spain that is used as an adulterant, in the apartment's refrigerator.

The Supreme Court answers negatively to the arguments of the three abusers and even considers the possibility that a victim of chemical submission voluntarily takes the drug or substance to conclude that this in no case endorses sexual abuse. That "would not exclude" that they were convicted of abuse since the victims "were deprived of any possibility" to consent.

In this case, the drug was supplied "furtively and to sexually abuse them," says the Supreme Court. The substance that they were given, he adds, is "a powerful anesthetic" whose consumption, the Supreme decides, is "incompatible with any recreational purpose that you want to seek with its intake."

The judges only agree to reduce their prison sentences by one month, which does not prevent any of the three from having to serve a sentence behind bars, due to the six years that the process took to reach trial. The Supreme Court understands that it is not a sufficient delay to substantially reduce their sentences, taking into account that two of the five defendants are unaccounted for and have not been able to be tried, but it does concede that the case could have been processed faster .

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