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Sentence number 000038/2018

(Sexual abuse, not rape)

Pages 16 and 17:

"When the plaintiff entered the first landing, the access door was open, one of the defendants was in front of her and the others behind [her]. In this way she was directed by the defendants to the alcove just described where they surrounded her.

Finding herself in this situation, in the secluded and narrow place described, with a single exit, surrounded by five much older men of strong build, achieved in accordance with what the defendants aimed for and desired and wanted, the plaintiff felt pressured and unable to react. At that time, she noticed them unfasten the belt bag she was wearing, how they removed her strapless bra and removed the jumper she had tied around her waist; from this point on she experienced the feeling of distress, increased when one of the defendants moved the plaintiff's jaw closer to himself for her to give him fellatio and in this situation, she noticed how another one of the defendants took her by the hip and lowered her leggings and thong.

The plaintiff felt intense stress and unease, which put her into a stupor and made her adopt an attitude of submission and passivity, resolving to do what the defendants told her to do, keeping her eyes shut the majority of the time.

The defendants were aware of and took advantage of the plaintiff's situation in the cubicle they'd led her to, to carry out with her various sexual acts, with lascivious intent, acting in concert.

Specifically, the plaintiff was at least penetrated orally by all the defendants, vaginally by (...) and (...), the latter on two occasions, like (...) who penetrated her a third time anally, the last two ejaculating without any of them using a condom".

Pages 72 and 73:

"No activity by the plaintiff can be seen; we assess that the high-pitched moan reflects pain and was emitted by her. (...) We assess that the three high-pitched moans which reflect pain were emitted by her.

The plaintiff in these last videos is crouched down, trapped against the wall by two of the defendants, gave moans which reflect pain and we don't see any activity by her; these images show that the plaintiff was terrified and in this way submitted to the defendants' will.

(...) Specifically, we observe that the defendant has his glutes resting on the plaintiff's face located underneath.

(...) In this scenario, we assess that the situation showed by the photos, [is] the final episode showing the situation of subjugation and submission of the plaintiff to the will of the defendants. On the other hand, we cannot stop emphasising the attitude we see in the said photographs of (...), who with his gesture shows arrogance, ostentation and bragging, for the action he is carrying out scornfully and in affront to the plaintiff's dignity".

Judge Ricardo González, individual vote in favour of acquittal:

"Of greater relevance seems to me the fact that in none of the images do I perceive in her expression, nor in her movements, any evidence of opposition, rejection, annoyance, disgust, repugnance, negative discomfort, suffering, pain, fear, unhappiness, confusion or any other similar feeling. The expression on her face is at all times calm and relaxed, and precisely for this reason, [it is] incompatible in my judgement with any feeling of fear, dread, rejection or negativity. Nor do I see in her that "absence and weakness of her higher faculties" stated in the chamber's majority [verdict]; on the contrary, what is suggested to me by her gestures, expressions and the sounds she emits is sexual excitation".