The Prosecutor's Office is asking for 14 years in prison for a man accused of sexually assaulting a woman in a nightclub in Puerto del Carmen, who will be tried by the Sixth Section of the Provincial Court in Arrecife next Tuesday, November 17.
According to the indictment, the events took place on December 1, 2017, when the accused and the victim were in a leisure establishment located in the Atlántico Shopping Center. The Public Prosecutor's Office maintains that E.H.B., of Moroccan nationality, followed the woman "when she was going to the bathrooms" and that, at the moment when she was about to close the cubicle where the toilet was, "he took the opportunity to enter the bathroom cubicle, closing the door with a latch and violently pouncing on her."
Once he closed the door, according to the Prosecutor's Office, the accused "pushed" the victim "against the wall, immobilizing her, and after forcibly removing the shorts and panties she was wearing," he penetrated her.
The Public Prosecutor's Office affirms that the woman resisted "at all times" the aggression, while "screaming and pushing the defendant in the chest with the only arm she has." And, it is indicated, the victim presents "a mutilation" of an arm below the elbow. Finally, she managed to "break free from him and flee the place."
As a consequence of the aggression, the woman suffered injuries to the inner thigh, although they did not require medical or surgical treatment for their cure. As indicated in the indictment, the defendant was in provisional prison for these events from December 6, 2017 to April 5, 2018.
Expulsion from the country when accessing the third degree
The Prosecutor's Office considers that the events constitute a crime of sexual assault and, in addition to asking for a sentence of 14 years in prison for the accused, also requests that he compensate the victim with 10,000 euros "for the damages caused", as well as that he be prohibited from approaching less than 500 meters or communicating with her for 18 years.
In addition, if convicted, the Public Prosecutor's Office also requests that the accused be placed on supervised release for a period of 10 years once he has served his sentence, consisting of a prohibition from approaching the victim within 300 meters and any playground, in addition to the obligation to participate in sex education courses.
However, given that the accused is a foreigner, it also requests his expulsion from the country when he completes his sentence. In this regard, the Penal Code establishes that if a foreigner is sentenced to a penalty of more than one year, it will be replaced by expulsion from the country. However, in sentences of more than five years, as could be the case, it is established that the judge may agree that all or part of the sentence be served in Spain, and then carry out the expulsion.
In the present case, the Prosecutor's Office asks that the accused serve the sentence in Spain "in attention to the entity and seriousness of the crime and the penalty", until he accesses the third degree or is granted parole, requesting that at that time he be expelled from the country, with the prohibition of returning to Spain for 10 years.
