The Valladolid Court judges this Tuesday, October 13, a young man identified as C.H., who faces a joint request for sentences amounting to 112 years in prison, accused of having intervened, in the early morning of 2023, in the Fuente de la Salud park in the capital of Valladolid, in a group rape against a woman with a disability.
The accused, who was 19 years old when the events occurred and remains in provisional detention, will be tried behind closed doors in the Provincial Court. He is charged with seven crimes of rape with violence and intimidation committed jointly by several people and accompanied by acts of special humiliation and degradation against a person in a situation of special vulnerability due to their disability, in addition to a crime of robbery with intimidation and use of a dangerous means and another of producing pornography with a person with a disability.
The Prosecutor's Office and the private prosecution agree in requesting a total of 112 years in prison, with a maximum effective compliance of 20 years. Of that total, fourteen years would correspond to each of the seven crimes of rape, ten years to the crime of pornography, and four to the robbery. They also demand a prohibition on approaching or communicating with the victim for 24 years, ten years of supervised release, and, as civil liability, compensations of 35,600 and 145,000 euros for the injuries, sequelae, and moral damage caused.
According to the provisional qualification writings of the accusations, which Europa Press has accessed, the accused would have acted in common agreement with at least six other men. The account of the events details that the young man and two other men approached the victim and asked her if she "fucked" and if she would "fuck them." When the woman indicated that she had to leave, the accused responded: "You are not leaving here, suck it!" and showed her a sharp object while saying: "Give me your wallet, you piece of shit!".
The woman, who has a mild/moderate intellectual disability and a recognized disability of 59%, handed over a wallet with 20 euros. According to the Prosecutor's Office, her consent was vitiated by her special vulnerability and absence of full freedom of decision. Subsequently, the accused forced her to go up to a higher area under the threat of stabbing her with "the spike" and, once there, called more men on the phone to come to the place. "Come, we are fucking for free," the accusation states he told them.
After the arrival of four other men, who surrounded the victim, the woman asked to be allowed to leave. The accused responded in a threatening manner: "I shit on your dead, don't go!". Immediately afterwards, according to the version of the accusations, the rest of the participants began to assault her, insult her, and force her to perform oral sex on them, in addition to vaginally penetrating her, even urinating and spitting on her. At the end of the events, the accused arranged to meet her the next day with the intention of repeating the abuses. "Hey, we meet tomorrow so that fifteen can fuck you and you have to be able to handle the fifteen," the young man would have said.
Assault recorded with the mobile phone and consequences for the victim
The accused would have recorded the assault with his mobile phone, in some videos in which the involved can be heard saying expressions like "come on daughter", "look at this gentlemen, come on", "suck", "I shit on your race, suck", "I shit on the lineage you have" or "we are enjoying".
The victim, diagnosed with mild/moderate intellectual disability and with a 59% disability, suffered various physical injuries and significant psychological damage. For the Prosecutor's Office, the young woman does not have full capacity to give valid consent in the sexual sphere, as she is conditioned by her special situation of vulnerability.
In relation to these same events, two minors allegedly involved were already tried last June in the Juvenile Court. The proceedings concluded with the acquittal of one of them and the conviction of the other as the perpetrator of six counts of rape, with a sentence of three years of confinement in a closed regime. In this case, the DNA evidence was decisive in issuing the conviction.