CRIMINAL LAW. SPECIAL PART
PROFRA. ELENA GÓRRIZ ROYO
PRACTICAL EXERCISE. Criminal law. Special Part.
Name and surname:
“It is a proved fact that Robert, over age 40, without criminal records, suffered a slight
mental retardation due to the fact that he had been under medical treatment for depression
because of his divorce. It caused to Robert some mental difficulties but didn´t annul his
mental capabilities. On September 10th., 2015, his friend Albert, over age 38, with
criminal records for sexual abuse which will be cancelled in 2020, phoned the former and
proposed him to go out. They went to the pub “Rumbo” in downtown Salamanca where
they met Flora, who was 17 years-old. They invited her to a “gin-tonic” and spent two
hours talking with her. As far as it was raining, they agreed to bring her home. The friends
of Flora told the police that initially she did not want to go with them but after the gin-
tonic she accepted. However, they did not drive her back home. They went to another pub
called “Fast Nights” which was far away from downtown and they stayed there over an
hour. The owner of this pub, Mario, was friend of Robert so that he allowed them to come
in. However, Luis, the waiter, said to the police that, initially, the girl did not want to
enter the pub. He was going to ask her for her ID but then they three rushed to the toilette.
According to Mary, another girl who was in the toilette, Flora started shouting because
Robert grabbed her by her shoulder. Mary could not see it quite well but she heart Flora
saying “no, no” all the time. According to Flora, Robert obliged her to touch his sexual
organ so that she had to rub, stroke and stimulate it while Albert was grabbing her from
her neck. After that, Albert forced her to masturbate him otherwise he said he would hit
her. She said she was so scared that she accepted. In any case, Robert was grabbing hold
of her neck. During all this time, Mario was monitoring the door of the toilette so that he
ordered Mary to go out and nobody could enter it. After half an hour, Luis saw her to rush
away from the pub while Robert and Albert, ordered a beer. Mario said that they were
drinking at his pub the rest of the night.
Flora denounced Robert and Albert on September 11st. in Salamanca Police Station. She
claimed that they forced her to masturbate both of them. However, they turned this claim
down, saying that the sexual relation was accepted by her freely. On September 30th. Flora
filed a suit against them before the “Juzgado de lo Penal nº 2 of Salamanca” in which she
added a forensic analysis of suffering post-traumatic symptoms and medical evidences of
slight injuries in her neck (…)”
Solve this practice, taking into account the outline based on the art. 650 LECRIM
