The five young people, aged between 15 and 17 years, who were detained last November after being arrested in Dolores for the group rape of a 15- year-old girl when she was drunk, have been free for just over a week after having a court reject the extension of their confinement.
The private accusation made by the victim requested the Juvenile Court number 2 of Alicante to extend their detention upon completion of the six-month period initially agreed, but it has been rejected after the Prosecutor’s Office requested a restraining order instead.
As such their immediate release has been ordered and the precautionary measure of detention is replaced by an order requiring them not to approach within 200 metres of the girl, either to her place of residence in Dolores or any other place frequented by the victim during the processing of the case.
Neither will the minors accused of group rape be able to communicate with the victim in any way, not even through third parties.
The court handling the case summoned the parties more than a week. In the private prosecution the victim requested an extension of the detention measure because she is afraid of the young people involved in the crimes.
The private prosecution also suggested to the court that failure to extend the confinement would cause the re-victimisation of the girl as it is a small town, in addition to considering that the restraining order does not adequately guarantee the physical and psychological protection of the adolescent.
However, the court stated in the order that the extension of confinement can only be requested by the Prosecutor’s Office and not by the private prosecution.
It says that the prohibition of approach and communication with the victim is sufficient and it added that reports from Barcelona Toxicology and several expert reports are still pending, so there will still be several months before the investigation is concluded and the trial can be held.
The court points out that despite the reported events being very serious, no new information has been provided to justify the exceptional extension of the confinement for up to nine months, three more than the maximum of six months provided for in the law.
The young people detained for the alleged crime maintain that they did not force the 15-year-old girl and some even stated that the sexual relations they had were consensual. The events occurred in an open field located in the vicinity of the Dolores sports centre.
The Town Hall square hosted the protest of dozens of people who showed their indignation and rejection of the events. The mayor of Dolores, Joaquín Hernández , intervened at the rally and said that “we strongly condemn the case of the attack on a minor in our town and we want to express our support for the victim and her family,” to whom the City Council offered psychological support.
