The Barcelona Court has decided to release the two convicted of the triple rape of a young woman after leaving a nightclub in Molins de Rei (Barcelona) in 2018 after the third of the aggressors fled from Spain and did not show up to last week’s hearing about his entry into provisional prison.
According to what legal sources have informed elDiario.es, the magistrates of the 6th section of the Barcelona Court who sentenced the three men to 20 years in prison for the gang rape have ruled out that the two convicts who have not fled enter provisional prison while their appeals against the sentence before the Superior Court of Justice of Catalonia (TSJC) are resolved.
The judges impose on the two convicted the obligation to appear three times a week in court, in addition to the withdrawal of the passport and the prohibition to leave Spain. Regarding the fugitive, the court has already immediately agreed on a search, capture and imprisonment order after verifying that he did not appear at the hearing last Thursday and that his lawyer did not know his whereabouts.
The Prosecutor’s Office and the private accusation of the victim, which is exercised by the lawyer Esther Guerrero, had requested the provisional prison of the two convicted. The judges, in an order, argue that preventive detention cannot be based “exclusively” on the seriousness of the penalties and the crimes committed, as is the case in this case, but that roots must also be taken into account and the risk assessed. escape.
The court recalls in the car regarding one of the convicted that the boy “does not record that he has tried to evade the action of Justice” throughout the four years that the case lasts. The condemned man, adds the order, has been “always available” to the judges despite the high prison sentences that were requested of him and has “documentarily accredited his personal roots” in Catalonia, where he has “stable work and a family”.
The sexual assault occurred around 6:30 a.m. on May 19, 2018, at the exit of a disco in Molins de Rei, when the convicted convinced the girl, whom they had met inside the premises, to leave with them. The victim, who had ingested alcohol and narcotic substances and suffered a “serious deterioration in her intellectual and physical functions” got into the vehicle, which the defendants drove to a vacant lot, where they raped her in turns while they assaulted and harassed her while she “He shouted and tried to get away from the defendants,” according to the sentence.
Last December, the judges sentenced each of the three men to 20 years in prison, considering them perpetrators of a crime of sexual assault as well as necessary collaborators in the same crime committed by their other two companions. The court also imposed compensation of 45,360 euros on the victim. The three men have remained free during the entire investigation and trial of the case, and will remain so at least until the TSJC resolves their appeals, which could take several months.