The Second Section of the Provincial Court has sentenced the defendant to six years in prison for sexually assaulting his caregiver in Arrecife, after he acknowledged the facts during the trial held on September 26 in Gran Canaria.
In addition, the defendant, who was a user of a housing unit of an association for the care of people with disabilities on the island, must compensate the victim with 13,582 euros for the injuries and sequelae caused and must pay a fine of 120 euros for a minor offense of injuries.
According to what is considered proven, the events took place on December 1, 2017, when J.A.H. was in the house "watching television" in the company of the night shift caregiver, who worked as direct support staff of the entity. At about two in the morning, the defendant asked the caregiver to give him the medication and when she approached the closet where they kept it, he "approached from behind" the victim, "covering her mouth with a paper impregnated with a substance that gave off a strong odor, throwing her to the ground and saying at all times 'shut up, shut up, don't scream'."
Subsequently, the defendant "grabbed the caregiver's arms" and "threw her on the sofa", where he "tried to kiss her", while "with the intention of satisfying his sexual desires he put his hand under her jersey, while covering "her mouth and nose with his hand".
He intimidated the victim with a knife
After that, according to the Prosecutor's Office, the defendant took the caregiver to the kitchen where he "took a serrated knife and threw her to the ground" and "with the intention of intimidating her and overcoming the resistance" that the victim put up, "he brought the knife to her stomach and neck, pressing with it", while he took off her clothes and placed himself naked on top of her.
As a result of the events, the victim suffered various injuries for which she needed 20 days of healing, "five of them preventing her from her usual occupations", and with "sequelae of neurotic disorder of mild post-traumatic stress".
Supervised release for eight years
Therefore, and after the defendant acknowledged the facts, an agreement was reached whereby J.A.H. has been sentenced to six years in prison for a crime of sexual assault with the prohibition of approaching the victim, communicating with her, returning to the place where he committed the acts or going to her home, place of work or any other frequented by her for a period of ten years.
Likewise, after serving the prison sentence, the convicted person is imposed the measure of supervised release consisting of the obligation to participate in sexual education programs, as well as the prohibition of approaching or communicating for a period of eight years with the victim, who must also pay compensation of 825 euros for the injuries suffered and 12,757.55 euros for the sequelae. In addition, the defendant has been imposed a fine of 120 euros for a minor offense of injuries.
