Two minors under 14 years of age continue with a five-meter restraining order in Gironella following a sexual assault allegedly committed on October 18 of last year near the Llobregat River. A third person involved is 12 years old and is not criminally responsible.
The victim's family lives and crosses paths daily with the accused in a municipality of 5,000 inhabitants, while the court maintains the precautionary measure. The mother, identified as T., has been demanding more protection for her daughter for seven months.
The court maintained five meters and excluded the minor under 12 years old
The Juvenile Court number 5 of Barcelona imposed the restraining order and the communication ban on the two teenagers arrested by the Mossos d'Esquadra. Both were transferred to the court after their arrest.
The minor's mother declared to El Periódico that "We have been waiting seven months for justice to be done, with the unprecedented precautionary measure of five meters, my daughter is not given protection".
The complaint was filed the following day at the police station, after the minor returned home and told her parents what had happened. Initially, she required medical assistance due to her state of shock and could not give a statement to the police on the forensic doctor's recommendation.
Two of those involved took the victim to a dwelling where, allegedly, they repeated the sexual assault. The family maintains that one of the accused lives a few meters from the minor.
The mother filed the complaint the following day at the police station and an ambulance attended to the minor.
The family asked for 500 meters and a closed center seven months ago
Seven months ago, the family filed a motion requesting the defendants be held in a closed-regime center until trial or that the protection distance be increased to 500 meters. The court has not yet forwarded it to the Barcelona Court.
The appeal adds that the minor has a recognized disability of 37%, a circumstance that, according to the family, the accused would have taken advantage of along with alcohol consumption.
The two minors under 14 years of age were transferred to another educational center in Manresa, so they no longer coincide with the victim at the institute. The family, however, continues to run into them around town.
The mother also relates that the 12-year-old minor laughs at her daughter, points at her, and harasses her in the park with his friends. That situation was communicated to the Mossos d'Esquadra, who cannot act due to his age.
The victim has a recognized disability of 37% and the family requested 500 meters.
The Girona City Council condemned any form of sexist violence and conveyed its support to the victim and her family after the complaint became known. Residents of the municipality gathered in front of the institute to show their rejection of the established judicial measures.
The Mossos d'Esquadra investigated whether the complainant suffered harassment at the educational center. The minor is currently receiving psychological and emotional treatment in Berga due to the assault.
The minor of 12 years is unaccountable and cannot be prosecuted criminally for his age.