The Court of Madrid sentenced the father to 14 years in prison for two crimes of rape and the brother to 7 years for one crime, but the Supreme Court lowers the sentences by applying the Law of only yes is yes
He supreme court has reduced the sentences from 14 and 7 years in prison to 12 and 6 years two brothers who raped a minor after getting her drunk at her home in Madrid, where she had gone to work as a babysitter for one of them, in application of the Law of only yes is yes.
The events occurred in April 2017. On the 24th, the 17-year-old victim went to the home sent by her aunt, who had found out that the tenants were looking for a babysitter.
There she was received by one of the convicts, who was the baby’s father, who after explaining the job to her, invited her to something to drink and began to grope her despite her asking him to stop.
Far from stopping, the condemned man “in order to cloud his senses, gave him several glasses of beer”, making the minor reach a drunken stateafter which, he undressed her and raped her, without her being able to do anything given the drunken state in which she was and the corpulence of the accused, according to the sentence, to which EFE has had access.
On the 26th, the victim’s aunt reminded her that she had to go back to work at the same house because that was how she had committed herself to the baby’s mother, for which reason the minor felt compelled to return so as not to disappoint her aunt and because she needed the job.
That day, the youngest arrived, went for a walk with the baby and when he returned the father was already awake. He once again prepared several alcoholic drinks that she accepted, but when she proposed to have sex, the minor refused.
At that moment, the other condemned man came out of one of the rooms, the brother of the previous one, who grabbed the young woman and, taking advantage of the fact that she was drunk, took her to his room and raped her. Shortly after, her father entered this room, took her minor against her will, took her to her bedroom, and despite the fact that she told him that she wanted to leave her, her defendant he raped her again.
Subsequently, knowing that the baby’s mother was about to arrive at the home, both defendants left the minor in the portal. The young woman was located wandering the street and taken to the hospital for mild alcohol poisoning.
The Court of Madrid sentenced the father to 14 years in prison for two crimes of rape and 7 years to the brother for a crime, in a sentence that was confirmed by the Superior Court of Justice of Madrid.
But now, the Supreme Court reduces the sentence for the first two years and one for the second when applying the Law of only yes is yes because it is more beneficial for both, so that it remains at 12 and 6 years.
Beyond this technical question, the court rejects all the allegations of the convicted who recriminated the contradictions and serious inconsistencies of the victim, since the Chamber highlights the credibility and perseverance of the young woman in her statement.