The Justice Commission proposes that all sexual crime is “aggression” and to delete the term “abuse”
The Justice of navarre confirms the sentence of nine years for sexual abuse for members of The Herd
Sentence of The Herd: sentenced to nine years for abuse, but acquitted of sexual assault
The Prosecutor’s office of Navarre has ordered the imprisonment of five members of The Herd to ensure the compliance of the sentence to nine years of imprisonment that has been imposed by a continuous offence of sexual abuse, once the high Court of Justice of Navarre has ratified.
The Civil and Criminal Superior Court of Justice of Navarra (TSJN) has confirmed the last day 5 the sentence of nine years imprisonment, for a continuous offence of sexual abuse with prevalimiento imposed the five members of the Herd, with the dissenting vote of two judges who understand that there was sexual assault, i.e., rape.
once you have studied that sentence, the Prosecutor’s office of the Autonomous Community has announced today that it has filed a brief with the Second Section of the Provincial court requesting the imprisonment of the five persons convicted and interesting also the celebration of the corresponding appearance.
Justifies this decision to understand, among other arguments, that “once you have confirmed the sentence of nine years in prison, a modification of the so-called facts proven by the TSJN to resolve the appeal and the special characteristics of the appeal, make it necessary to ensure the compliance of the sentence” and avoid the “possibility that the prisoners will evade the action of justice, making illusory the sentence.”
Appeal to the Supreme Court
it Also reports that it will file a writ of cassation before the Supreme Court to maintain its initial consideration of the facts constitute a continuing offence of “sexual assault and not only of sexual abuse”, a criterion that has maintained at all times and that, as he notes, has also been embraced in the dissenting opinion expressed by two of the five judges.
These two judges, Joaquin Galve (president of the TSJN) and Miguel Angel Abárzuza (rapporteur) considered, unlike the criterion of a majority of the court, that is “from incardinate behaviors made by the accused in the crime of sexual assault and not in the abuse with prevalimiento”.
about argue that is not in the presence of a situation of victim’s consent, vitiated by the action intimidating the accused, but in the face of all this the complainant responded “an intuitive way”.
his understanding that there was intimidation, and this “was of a character particularly degrading or vexing, in view of the way in which they were made acts,” and in addition in the case attends the aggravation applicable when the acts are committed by the joint action of two or more people.
The sentence, which unlike the first, it appreciates a crime against the privacy that could increase the sentences of the accused in the two years and 10 months, will be appealed by all parties before the Supreme Court.
this has been communicated to both the lawyer of the victim, as the accusations popular (Government of Navarra and Pamplona city Hall), as the defenses of the five accused and now the Prosecutor’s office.
the allegations and the Prosecution disagree with the consideration of sexual abuse and argue that what happened in the san fermin festival in 2016 was a sexual assault, a rape, while the defense of the accused insist that they are tried to be sexual activity between consenting adults.
According to the criteria of
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