September 27, 2020

"We will violate you": two years of jail for two soldiers for tying, undressing and threatening a partner – The Province

"We will violate you": two years of jail for two soldiers for tying, undressing and threatening a partner - The Province


The Fourth Section of the Provincial Court of Cádiz has condemned M.R.P. and A.F.R., two soldiers of the Marine Corps, to two years in prison, considering them the perpetrators of a crime of sexual assault after making a 'joke' against a partner, in which there is an aggravating circumstance involving two or more people in the aggression.

In the judgment, dated April 8 and to which Europa Press has had access, the Chamber also condemns to four months of imprisonment three other soldiers, who respond to the initials F.J.T.F., D.C.A. and J.P.R.R., who were present at the time of the events as perpetrators of a crime of degrading treatment. In the process, it is estimated that there is an attenuating of undue delays for all defendants.

Likewise, the court has prohibited M.R.P. and A.F.R. to communicate and approach less than 200 meters from the victim for four years, something that has also decreed against the other three defendants but for a period of two years. In addition, the ruling condemns all defendants to pay the costs of the private accusation as well as to compensate the victim with 20,000 euros in moral damages, of which 5,000 will be jointly and severally charged by the five defendants and the rest until 30,000 in solidarity will be borne by MRP and A.F.R.

In the ruling, the Chamber considers it proved that on the evening of November 8, 2010, the five accused were on board, together with the victim, in the ship Castilla in a maneuvers called 'Flotex', the six of them and two other soldiers, in the ship's number 18 sollard.

"At one point, the five defendants, who like the rest of the soldiers' occupants had been joking during the afternoon, decided to intimidate his partner by making him believe that they were going to attack him sexually, so that when he shouted 'we are going to rape him' The five of them held him, laid him on a table, they immobilized him with violence, they tied her leg to a leg of the table with a sheet and they lowered her pants and underpants, "continues the sentence.

In the same way, the court considers how fact tested that the victim when he went to stand up "and given that he had a leg tied to the table", he fell face down on the floor, which was taken advantage of by defendants A.F.R. and M.R.P., to immobilize it again against the floor face down, and then take a bottle of water of liter and a half to place it between the buttocks and with the mouth of the bottle exert a pressure "repeatedly" the anus.

On the other hand, the judgment collects that the defense of A.F.R. and M.R.P., requested to take advantage of the principle 'non bis in idem' – by which a defendant can not be prosecuted twice for the same facts – after having received a disciplinary sanction of 14 days of arrest. In that sense, for the court "blushes even consider that someone can escape a request for a penalty of twelve years in prison for having received a disciplinary sanction of 14 days of arrest" on understanding that this sanction "was only to alter the order in the course of activities on the vessel ", and not on the facts prosecuted.

The RoomIn addition, it indicates that "there is no doubt" that the facts suppose "per se" a moral damage to the victim, because it is an action that is intrinsically "vexatious" and that attends to one of the "most intimate" areas of personality as is sexual freedom and self-esteem.

"In addition, there is no doubt, because all those involved in the case say that the news of what happened has been exaggerated by all the quarters of the town and even other parts of the nation, so it is evident that moral damage, and although that extension of the news is not entirely attributable to the accused, since there is no evidence that they disseminated it, it is still a consequence of their action, "says the ruling.

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