The Superior Court of Justice of Castilla y León has confirmed the sentence of ten years in prison to the woman who pretended to be kidnapped at the door of her house in Fabero (Leon) by her ex, to be held in a nearby town where he had sexually assaulted her and put glue in her vagina, which she did herself.
The Civil and Criminal Chamber thus maintains the sentence handed down by the Provincial Court of León, which also condemned a fine of 2,100 euros to a second implicated who would have helped him in simulating the crime to “get her ex-boyfriend arrested and jailed.”
Specifically, after receiving first aid in a pharmacy, the woman, who was wandering the streets half-naked, denounced that she was mistreated, attacked and harassed by her former partner, requesting his re-entry into prison, who had been released a few days before, a claim that was initially accepted by the Court until indications emerged that it had been a setup.
After the prison ruling against her, the convicted person appealed the sentence of the Provincial Court of León, understanding that there was an error in the assessment of the evidence. According to her, more than his performance, to which they are attributed without foundation a series of complex machinations that do not correspond to its limited capabilities and her fragile personality, the deprivation of liberty suffered by her ex-partner were the result of the automaticity of the police when applying the protocols of gender violence and pressure from the media.
Instead, the Chamber understands that the sentence of the provincial court is sufficiently founded and is conclusive in the face of the exculpatory hypothesis put forward by the defense. Based on the analysis of the evidence in the judgment under appeal, it appears that the intervention of the accused in the events was the efficient cause of the deprivation of liberty granted to her former partner.
There is thus evidence that he bought various items used to simulate kidnapping and injuries. She was even registered by a security camera acquiring a stocking, blades, glue and tape. In the same way, it is “proven” that she sent herself intimidating messages.
In addition, the testimonies of the Civil Guard officers who carried out the reconstruction of the events, together with those of other witnesses and of both convicts, leave “beyond any doubt” the falsehood of the kidnapping prepared by the convicted. The Chamber considers that the woman «planned a use of the acting agents and the investigating judge as instruments to act in accordance with the law, and agree to the detention and imprisonment of her ex-boyfriend in the face of facts that, as presented by the then complainant, had well-founded indications of crime and risk to her physical integrity, “they report from the TSJ.
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