According to Sport, the court found the Bella Police Department negligent in handling the Rafa Mir sexual assault case.
The local Bella police involved in the response provided false information. The court confirmed that the relevant sexual assault did occur, so they neither initiated the corresponding procedures nor notified the Spanish Civil Guard.
They even mocked them.
In the judgment announced this Monday, the two victims pointed out that the Bella local police were indifferent in protecting them and even laughed with the defendant.
One of the victims recounted the incident to a female officer. This female officer and her colleagues arrived at the scene together. Fearing and ashamed, she initially did not speak to the male officers about what happened until she saw the female officer, felt more trust, and approached her to explain what had occurred. Another witness testified that he saw the victim and the female officer conversing a short distance away.
During the trial, a local police officer who was on duty at the time and was subpoenaed to testify stated that he stood next to the two women and heard the "complainant say that she went to the bathroom voluntarily and felt very uncomfortable." To corroborate her superior's statement, the female officer also stated in court that she was "very nervous and lacked confidence" at the time because it was one of her early calls with the Bella police. She said that the sexual assault victim told her that "the intimate relationship was consensual." The judgment, however, denied the police officer's statement.
Therefore, the court deemed it necessary to investigate the actions of the Bella local police who arrived at the scene and pointed out that the investigation should be conducted by promptly transferring testimony, as their statements clearly contradicted those of the complainant.
The judgment also mentioned that the female Bella local police officer who went to the scene of the incident had spoken with one of the victims. She explained that she took the victim aside because it made the girl feel safer and used "that was one of my early calls" as an explanation.
This is illogical.
The judge of the Fourth Chamber believed that the victim wanted to leave, asked someone to call her father, and only recounted the incident much later. Logically, she should not have recounted a private experience to a male officer without reservation, nor made any complaints against the defendant. This indicates that the police handling was improper, and therefore it is necessary to investigate the police's actions at the time of the incident.
The judgment also pointed out that when the victim's father first arrived at the residence where the sexual assault occurred, the police told him that the "only" thing that happened was that they hit his daughter. The court found this dismissive attitude by the police surprising.
Imprisonment
Rafa Mir was sentenced to 7 years in prison for sexual assault and an additional 18 months for injury; additionally, he is prohibited from approaching the victim within 500 meters for 10 years and will undergo 7 years of supervised release. He must also compensate the victim 14,000 euros for damages and 50,000 euros for emotional distress.
Pablo-Jara was sentenced to two years in prison for sexual assault; three months at 15 euros per day for injury; and six months in prison for violating human dignity. He was also accused of throwing the victim half-naked into the street and throwing clothes over the railings. The court prohibited him from approaching the victim within 500 meters for seven and a half years. He must also compensate the victim 280 euros for damages and 6,000 euros for emotional distress.