A 24-year-old resident of Lanzarote has been sentenced by the Provincial Court of La Coruña to 14 years and six months in prison for a sexual assault committed in 2017 in Galicia. The victim was a minor with whom he "had a family relationship", whom he must also compensate with at least 50,000 euros. Likewise, the Court has agreed that the convicted person be imposed the measure of supervised release for a period of eight years once he has served the prison sentence.
The events took place in the early morning of August 5, 2017, when the minor was 14 years old and was with several friends at a party that was being held in La Coruña, where the defendant was also present, with whom she had "a relationship of trust for knowing and dealing with each other for several years." And it is that, according to what is indicated, her paternal grandmother is the aunt of the defendant.
According to the ruling, dated June 26, at a certain moment, the minor and a friend "went to a secluded place, being followed" by the defendant, who addressed the young woman saying "that he wanted to speak privately with her", to which she agreed, "leaving both alone." In this situation, according to the Provincial Court of La Coruña, the defendant took the minor "in his arms to a dark area" where, "with the purpose of satisfying his sexual desires, he held her and began to kiss her", to which she "tried to oppose" without being able to "get rid of him due to the greater strength" of the defendant.
Thus, the sentence states, he continued "kissing her" and "groping her in the genital area" until he "completely lowered her pants", penetrating her both vaginally and anally, without the minor, "despite screaming asking him to leave her alone and not do that to her", could prevent it. In addition, "to prevent her cries of pain from being heard", it is pointed out that the defendant covered the young woman's mouth. Likewise, the Provincial Court of La Coruña points out that the minor was "forced" to "perform fellatio" so that "he would allow her to leave".
Injuries as a result of the assault
As a result of the events, it is indicated that the minor suffered various injuries requiring "gynecological examination, psychological care and psychiatric treatment", and that these are the reasons why the Provincial Court has set compensation of 50,000 euros, specifically 40,000 for the moral damages suffered and 10,000 "for the days spent stabilizing her injury".
Likewise, the convicted person must pay the victim for "the medical-pharmaceutical expenses derived from the events judged" in that amount "that is accredited in the execution phase of the sentence".
The defendant claimed intoxication due to alcohol consumption
In the trial, the defendant did not deny the facts, but his defense requested his acquittal alleging "full intoxication due to the consumption of alcoholic beverages." However, the Provincial Court of La Coruña considers, based on statements from witnesses and messages that the defendant sent that night, that the consumption of alcohol was not as described by the defendant and that "it did not significantly affect either his intellectual or volitional faculties."
In addition, the Provincial Court of La Coruña considers that the victim's testimony was "sincere, credible and without any contradiction" and that "there are also various objective corroborations", such as medical reports, which concluded that the injuries she presented "are compatible" with the sexual assault narrated, and the genetic studies that were carried out and that showed the presence of male DNA" in the minor's underwear, "compatible with the sample" obtained from the defendant.
Thus, he sentences the defendant to a sentence of 14 years and six months in prison as the perpetrator of a crime of sexual assault committed on a minor with the aggravating circumstance "of acting with abuse of trust" with the prohibition of approaching the victim and her mother or communicating with them "for a period of 20 years" and imposes the measure of supervised release for a period of eight years once he has served the prison sentence. However, this sentence can be appealed before the Superior Court of Justice of Galicia.
