In the Canary Islands, the sentence for the rapists of a deaf-mute woman was upheld.

The High Court of the Canary Islands upheld the verdict against two men accused of raping a deaf-mute woman. Previously, a court in Santa Cruz de Tenerife sentenced them to 12 years in prison each and ordered them to pay €30,000 in compensation.

The incident occurred on New Year's Eve, from January 1 to January 2, 2023, in the city of Adeje. The woman was celebrating with her husband (who also has a disability) and friends, including the convicted men.

According to the case files, the woman lost consciousness due to alcohol and hashish. Two of the accused and another man (who is currently wanted) took advantage of this to rape her.

As a result of the attack, the woman's old wound from childbirth reopened. She now experiences pain during sex and also suffered a hand injury.

After a police report, two men were detained, and the third fled to Colombia.

The defendants' lawyers argued that the DNA only confirmed the fact of sex with the woman but did not prove rape. They also claimed that there was not enough alcohol and hashish in the woman's blood for her to have lost consciousness.

But the court rejected these arguments. Witnesses confirmed that the woman had been drinking a lot that day. And tests, although performed 18 hours later, showed the presence of alcohol and hashish in her body.

The court stated that the evidence clearly shows that the sex took place when the woman could not consciously consent to it, even if she was not completely unconscious.

The defense also argued that the woman had no injuries to indicate rape, and the traces of blood could be related to menstruation. The court disagreed with this.

The lawyers also said that the woman's husband and mother-in-law did not witness the events. But the court replied that the woman's testimony alone was sufficient, and her story was truthful and had not changed over time.

The court supported the woman. During the trial in September 2024, two sign language interpreters were present, as sign language in Spain differs from that of her country.

The defense explained the inconsistencies in her testimony by the fact that she did not have two interpreters during her first statement to the police. The court called it "deplorable."

That night, the woman was lying next to her husband, who, due to his disability and alcohol, did not notice what was happening and could not help her.

The court decided that the woman was vulnerable because she was intoxicated and trusted the people who were her friends.

The mother-in-law said that when she saw what was happening, they could not wake the woman up. She had to take her and her husband out of the room and wait more than an hour to get her dressed.

The court concluded that the defendants took advantage of the helpless state of the woman and her husband due to alcohol and deafness. They raped her in an atmosphere of trust, as they were friends and neighbors. The court's decision can still be appealed to the Supreme Court.