The ‘ Arandina Case ‘ has turned 180 degrees. The Civil and Criminal Chamber of the Superior Court of Justice of Castilla y León, after appeals filed by the defenses of the three former soccer players from Arandina, sentenced to 38 years by the Provincial Court of Burgos for crimes of sexual assault against a under the age of 15, he has agreed to acquit Raúl Calvo and has reduced the sentences of Carlos Cuadrado ‘Lucho’ and Víctor Rodríguez ‘Viti’ , who remain in four and three years in prison, respectively.
The Chamber has understood that the facts constitute a crime of sexual abuse, committed against a minor , and has assessed as mitigating factors the closeness of age and proximity in the degree of maturity with the victim.
On the one hand, the Chamber has totally excluded Calvo , already acquitted by the Provincial Court of the events that occurred in his room arguing the same reasons, although it also acquits him of what happened in the living room of the house.
On the other, the Court has reduced the guilt of Cuadrado and Rodríguez and sentenced them to four years in prison for the first and three years in prison for the second, as well as jointly and severally compensating the minor with the sum of 10,000 euros , according to sources from the TSJCyL Press Office reported.
DOES NOT CONSIDER BULLYING PROVEN
The sentence indicates that the minor’s statement – valued together with the rest of the evidence, testimonial, expert reports and documentaries (video, conversations and telephone messages) – enjoys full credibility regarding the reality of the events that occurred in the courtroom. floor, but lacks it in terms of how they were produced.
Specifically, the Chamber does not consider the existence of intimidation to be proven , when evaluating the contradictions that are revealed between his statement – in which he attributes what he did to the three convicts (masturbate and fellatio all three) to the blockade caused by fear-, and the behavior observed both in the previous moments -in which he exchanged messages of sexual content with one of them and agreed to accompany him home the next day-, as well as in the immediately following ones -in which he left the room, to voluntarily maintain a complete sexual relationship with one of them in an adjoining room (a fact stated in the judgment of the Court that has not been contested) and after what happened to boast to his friends.
CRACKS IN CREDIBILITY
These contradictions, according to the resolution, show fissures in the credibility of the statement, which is also not corroborated by the elements peripheral to it, since neither the witness statements transmitting what the minor herself told them nor the telephone messages crossed at first. At the moment, they allow us to affirm that in the living room of the house she acted against her will as she was gripped by fear, a version that she later transmitted to her parents and to the counselor who treated her in Madrid later.
Consequently and in use of its powers, the Court has modified the proven facts, deleting the reference to intimidation , and has classified them as a crime of sexual abuse of a minor under 16 years of age , whose consent has no legal significance since the reform. of the 2015 Penal Code that raised the age of consent from 13 to 16 years.
Regarding the criminal liability of the appellants, the judgment considers that it should not be appreciated that they did not know the age of the minor , nor did they ignore that sexual acts with a minor under 16 years of age are punishable by law.
What the Chamber does value is the proximity of age and the proximity in the degree of maturity with the minor , accredited through psychological expert evidence, to acquit Calvo – who had already been acquitted of the sexual relationship maintained in his room with the girl immediately after the events that were prosecuted for understanding that both had close ages and a similar degree of maturity-, as well as to mitigate the responsibility of Cuadrado and Rodríguez when assessing the relative proximity of their ages to that of the victim and their lack of maturity .
Thus, the Court has sentenced Cuadrado to four years in prison and Rodríguez to three years with the accessory of special disqualification for the right to vote; prohibition on communicating by any means or computer or telematic instrument, written, verbal or visual contact with the minor; prohibition to approach her, her home, schooland any other that is frequented by the victim at a distance of less than a thousand meters and for a period of eight years; probation for a period of five years; and special disqualification for any profession or trade, whether or not paid, that involves regular and direct contact with minors for a period of more than three years than the duration of the sentences of deprivation of liberty imposed respectively.
In addition, the Chamber has ordered them to pay jointly and severally civil liability, set at 10,000 euros, and the proportional part of the costs, including those of the private prosecution.
“THEY HAVE DISMANTLED EVERYTHING”
Sources close to the families of the Arandina footballers have shown their joy at the important news, which reduces the penalty imposed by the Provincial Court of Burgos from 38 to 4, 3 and acquitted. ” We are excited, they have dismantled everything, ” they point out to El Mundo.
CORONAVIRUS AND RESOURCES
The Chamber has also announced that, “in accordance with the Royal Decree declaring the State of Alarm for the management of the health crisis situation caused by COVID-19”, all the activities of the trial are suspended and will resume at the time the Royal Decree loses validity .