The man accused of raping a woman in a nightclub in Puerto del Carmen has admitted during the trial that he had sexual relations with her, but has claimed that they were "consensual". A testimony totally contrary to that of the woman, who claims that she was attacked and sexually assaulted, and which represents a change from the first statement he made to the Civil Guard in which, according to several agents, he claimed that "he had used drugs" and that "he did not remember having sexual relations".
The complainant has not been present at the oral hearing but, during the same, a recording with her statement that was recorded as advance evidence has been issued. Initially, this recording could not be heard correctly in the room and the Prosecutor's Office even asked for the trial to be suspended. However, finally, the audio problems have been resolved and the trial has continued, although the defendant has not testified until the end of the trial at the request of his lawyer.
Thus, the oral hearing began with the account of the complainant, a young English woman who was on vacation on the island at the time of the events, which took place in the early morning of December 1, 2017. According to what she explained, that night she went out partying with a friend through the Atlántico Shopping Center and, at around 05:00 hours, they went to the nightclub where she claims she was attacked. There, she has detailed that she went to the bathroom alone and that, when she was about to close the door after leaving the beer she was carrying on the toilet, she found the defendant inside, who "closed the door" of the bathroom stall and "pushed her against the wall".
The woman claims that she saw the defendant "perfectly"
After that, she has stated that the defendant "lowered the zipper of his pants" and that, after removing her pants and underwear, he "penetrated her" while she "screamed" without anyone listening to her and "hit him in the chest" with the only arm she has, since the woman has a mutilation of one arm below the elbow. This aggression, according to what she has stated, lasted about "two minutes", until she finally managed to "break free and flee".
"I left screaming and crying", the victim has stated, who has pointed out that then she went outside the nightclub because "she didn't know" where her friend was. There, she has pointed out that a boy she knew approached her because she has been "coming to the island for 20 years" and that she told him what had happened. However, she has indicated that although he entered the premises to look for the aggressor, he did not find him. "The bar has two doors", she has stated, indicating that he must have left through a different one because she did not see him anymore.
Subsequently, the woman has related that her friend appeared and also another man, who she later learned was the manager of the premises. She has also indicated to him that she had "a problem with a boy" but that she did not want to tell him that "she had been raped". After that, she has pointed out that the next day, in the afternoon, she went to report the events, stating that she did not do it before because "she did not know how to get" to the police and was "scared".
About the defendant, in addition to giving a description of the clothes he was wearing, she has indicated that she saw him "perfectly" and that she "knew him by sight" although she "had never spoken to him". Questioned about whether she had consumed alcohol that night, the complainant has said yes, but that she was "fully aware" of what was happening.
A change of version in the defendant's testimony
For his part, the defendant has stated that he met the woman "the same day" of the events in the Atlántico Shopping Center in Puerto del Carmen and that they went to the nightclub together, after having been previously in another place with another friend of his and the victim's friend. After "dancing" with her, E.H.B. has pointed out that it is true that they went to the bathroom and that they had sexual relations, but he has insisted that they were "consensual".
However, as mentioned above, Civil Guard agents who have testified in the trial have stated that, in his first statements, the defendant said that "he had used cocaine" that night and that "he did not remember having sexual relations with any girl".
According to what they have stated, it was also the defendant himself who appeared at the Civil Guard barracks "spontaneously", after the agents were asking about the area of Varadero de Puerto del Carmen, where E.H.B. worked, to locate possible witnesses. And it is that, the agents had knowledge that the people who were in the nightclub that night could be waiters from other places.
In the trial, two forensic doctors have also testified, who have pointed out that DNA from the defendant was found in the woman's vagina. Likewise, they have stated that the complainant had a wound on her thigh that could have been produced "by rubbing", indicating that although there were no signs of sexual assault, in an adult woman it may be normal if it has also occurred in a short period of time.
Likewise, the manager of the nightclub and a friend of the defendant have also testified in the oral hearing, both coinciding in their testimony that they had seen E.H.B and the complainant "together" on the night of the events. In the case of the manager of the premises, he has corroborated that the woman told him that she had had "a problem with a boy" inside the premises, although he has stated that he later entered the same and "there was no one".
With respect to the defendant's friend, although in the investigation phase she even stated that she had seen them enter the bathroom together, according to the defense lawyer, during the trial she pointed out that she did not remember well and that she could only assure that she saw them in two different places.
Prosecutor's Office maintains the request for a 14-year prison sentence
In its conclusions, the Prosecutor's Office has maintained its request for 14 years in prison for the defendant, considering that the events constitute a crime of sexual assault. And it is that, the Public Prosecutor considers the testimony of the victim sufficient evidence as it has been "maintained without changes" and has "identified the defendant spontaneously". "She didn't know him at all", she has also pointed out, pointing out that therefore she considers that there is "absence of revenge" in her testimony.
In addition, the prosecutor has highlighted the fact that the defendant claimed that he had not had sexual relations at first, emphasizing that he only said the opposite once it was known that his DNA had been found in the samples taken from the complainant.
In addition to 14 years in prison, the Prosecutor's Office asks that E.H.B. compensate the victim with 10,000 euros "for the damages caused", as well as that he be prohibited from approaching within 500 meters or communicating with her for 18 years. Likewise, in case of being convicted, the Public Prosecutor requests that the defendant be imposed the measure of supervised release for a period of 10 years once he has served the sentence, consisting of the prohibition of approaching the victim within 300 meters and any playground, in addition to the obligation to participate in sexual education courses.
However, given that the defendant is a foreigner, specifically of Moroccan nationality, he also requests his expulsion from the country when he serves his sentence. In this regard, the Penal Code establishes that if a foreigner is sentenced to a sentence 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 executed in Spain, and then carry out the expulsion.
In the present case, the Prosecutor's Office asks that the defendant serve the sentence in Spain "in attention to the entity and gravity of the crime and of the sentence", until he accesses the third degree or is granted parole, requesting that at that moment he be expelled from the country, with the prohibition of returning to Spain for 10 years
The defense asks for his acquittal: "The victim's story is falling apart"
For its part, the defense has requested the free acquittal of E.H.B., as it "does not agree that the testimony of the victim prevails". "The story that is provided to us is falling apart, has many loose ends and fails to meet the requirements", the defendant's lawyer has stated.
In this regard, he has highlighted the fact that the victim did not go to report "until the afternoon of the next day" claiming that she did not know how to get to the police station when she had "been coming to Lanzarote for 20 years" and that she did not present signs of sexual assault, despite what was stated by the forensic doctors.
"She is not seen reproach or spite", the defense has also added, highlighting that the complainant "did not take a second to recognize" the defendant.
With respect to the fact that he initially denied having had sexual relations with the victim, he has pointed out that "it is not at all incriminating". Thus, he has defended his innocence, pointing out that perhaps the girl "had a boyfriend to whom she had to explain what had happened" and "hence the revenge". "Are we really going to believe that a person can manage to penetrate a person by removing his pants", he has concluded.
