Tiburcio C. A., accused of a crime of attempted sexual assault, denied this Wednesday, July 2, before the judge of the second section of the Provincial Court of Las Palmas de Gran Canaria, the facts that are imputed to him and maintained that "we only had a normal conversation for twenty or thirty minutes".
On the contrary, the complainant, Dolores L. C., who suffers from a mental disability of 50 percent and schizophrenia, as demonstrated by the testimony of the forensic doctor, maintained during the hearing that the accused approached her on February 26, 2007 "near the bar area" of the town of Conejera and incited her to take off her clothes with the intention of having sexual relations.
However, when questioned by the prosecutor, the complainant - who appeared at the hearing via videoconference from the island of Lanzarote - did not specify the degree of violence and aggression since she stated that "he almost takes off my clothes, kisses me and almost throws me to the ground". This testimony contradicts the one made before a magistrate of Lanzarote and the Civil Guard at the time of making the corresponding complaint.
At that time, she stated, as stated in the prosecutor's report, that the accused "began to talk to her, asking her to undress, to kiss him and to touch his penis. Faced with her refusal, he pounced on her trying to undress her, even lowering his zipper with obvious libidinous intent."
Said report continues detailing that Tiburcio C.A. did not succeed and that before the screams of the complainant, a neighbor came to her aid. This neighbor, María del Carmen N. P. - who also appeared by videoconference - reiterated that she came to the aid of Dolores L.C. upon hearing her screams, but when she arrived "the two were completely dressed, the accused standing before her and the complainant sitting on a stone". The neighbor added that Dolores at no time warned her of having suffered any type of harassment or damage and only limited herself to taking her home.
Alleged contradictions
This testimony contradicts the one made by this person days after the events occurred, when she stated that when she came to the aid of Dolores "she was nervous and he was crouched in front of her, although both were dressed." The alleged victim maintained in her statement that the accused "wanted to rape me" and that she had been "very scared."
During the statement of conclusions, the prosecutor considered proven the crime that is imputed to Tiburcio and maintained the request for eight years in prison, accessory of special disqualification for the right of passive suffrage for the same time and the payment of procedural costs. For its part, the defense lawyer highlighted the contradictions that exist between the three statements made by the complainant and the neighbor who helped her, for which she asked the Court for the "free acquittal" of her client.
ACN Press