The High Court of Justice of the Canary Islands (TSJC) has annulled a ruling by the Provincial Court of Santa Cruz de Tenerife that acquitted a man of the crime of sexual assault against his former partner, with whom he still lived along with their two children.
The ruling did consider that the accused was the perpetrator of a crime of mistreatment within the scope of gender and family violence, of which his ex-wife and minor son were victims, for which he was sentenced to 18 months in prison.As accessory penalties, the deprivation of carrying weapons for two years and seven months and approaching or communicating with the victims for one year after leaving prison were imposed.However, the now-annulled sentence **acquitted him of the sexual assault charge**, of which he was initially accused by the Public Prosecutor's Office, and ordered him to pay the woman 500 euros for the injuries caused.The Prosecutor's Office before the TSJC argued that, applying a gender perspective, the external touching of the woman's genitals demonstrates "a lustful intent," which is accepted by considering the possibility that it could be sexual assault.
The accused had a relationship with his ex-partner for 20 years, resulting in two children born three years apart. At the time of the events, the relationship had ended, although they continued to live together in the same home, with the accused occupying the upper floor and the woman the lower floor.
The defendant attempted to sexually assault the woman in December 2023 while she was sleeping, at which point her youngest son, 13, appeared to defend his mother, and the father slapped him, though no injuries were reported, but the woman, to prevent further confrontation, agreed to leave the house and get into the vehicle wearing her pajamas.
When they passed a Civil Guard barracks and the man slowed down, she threw herself from the vehicle, which caused her several injuries to her back and knees and several bruises that required ten days of healing.
Once the man was arrested, he remained in provisional detention for two days, while a protection order, a restraining order, and an order not to communicate with the mother and child were imposedThe Public Prosecutor's Office filed an appeal disagreeing with the acquittal for sexual assault, requesting that a new sentence be issued. The private prosecution expressed a similar opinion, although it agreed to maintain the two charges for abuse.
Current legislation makes it impossible to convict a defendant who is acquitted in the first instance or to aggravate their sentence, but it opens the possibility for the ruling to be annulled and the proceedings to be returned to the Provincial Court, in this case.