Man given suspended sentence for raping unconscious British tourist in Magaluf
Billy John Chard received a two-year suspended sentence after admitting to raping a British tourist who had lost consciousness at a Magaluf hotel in 2022. The case has drawn attention to the outcome of a plea bargain: he will avoid prison if he pays his victim £5,000 and does not reoffend for two years.
Prosecutors said Chard met the 22-year-old at a pool party and took her to his room, where she was unconscious and unable to consent. His alcohol and drug intoxication were cited as mitigating circumstances. The same hotel was the site of a separate 2023 gang rape; eight men later admitted that attack and received prison sentences totalling just over 73 years.
In short
- Chard admitted rape and received a suspended sentence.
- He must pay £5,000 and avoid reoffending for two years.
- The assault took place at a Magaluf hotel in 2022.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A suspended sentence can reflect a negotiated guilty plea, which may spare the victim a trial and provide a prompt admission of responsibility. A court may also consider intoxication and other individual circumstances when deciding a proportionate sentence, while the threat of prison for reoffending and compensation remain consequences.
The case against
Rape of someone unconscious is a grave offence, and avoiding prison may seem inadequate to mark its seriousness, deter others and protect public confidence in justice. A £5,000 payment and a two-year condition may also appear to place too little weight on the lasting harm to the victim, particularly when the outcome is compared with prison sentences in another rape case at the same hotel.
Explained simply
Magaluf is a resort town on the Spanish island of Mallorca, popular with British holidaymakers. Spanish courts handle crimes committed there, even when the people involved are British.
Consent means freely agreeing to sexual activity; a person who is unconscious cannot give consent. In this case, the defendant admitted the offence, and the court imposed a suspended sentence, meaning he will not serve it in prison if he meets the conditions set.
The outcome has prompted attention to how plea agreements and sentencing work in sexual assault cases. A separate gang rape at the same hotel in 2023 also received public attention, but it was a different case involving different defendants.
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Originally published by Daily Mail as “Brit walks free from court despite admitting raping fellow UK tourist after she passed out unconscious at Magaluf hotel”.