The ruling states as proven that Tiburcio C. A. had approached the complainant, D. L., when she was in a vacant lot near her house, on Quemadita street in Órzola (Lanzarote), and was talking to her for a few minutes. The resolution recalls that the woman suffers from mild-moderate retardation, with a recognition from the Government of the Canary Islands, Ministry of Health and Social Services, of a disability of 71 percent.
However, according to the ruling, "it is not proven that the accused asked D.L. to undress, to give him a kiss and to touch his penis or that he pounced on her, nor is it proven that with lewd intent he lowered the zipper of his pants."
Likewise, "it is also not proven that the accused had been harassing D.L. for several days, knowing her degree of mental retardation, trying to force her and take advantage of it to maintain a sexual relationship," the ruling states.
Tiburcio C. A. had denied before the judge of the second section of the Provincial Court of Las Palmas the facts that were imputed to him, claiming that "we only had a normal conversation for 20 or 30 minutes."
The accused, a native of Órzola, knows the complainant "all his life" and they have a distant family relationship although "we don't get along well".
On the contrary, the complainant maintained during the hearing that Tiburcio C. A. approached her on February 26, 2007 "near the bar area" of the conejera town and incited her to take off her clothes with the intention of having sexual relations.
ACN Press
