The Fourth Section of the Provincial Court of Valencia has sentenced a 31-year-old man to seven years in prison for a crime of sexual assault with penetration of a 22-year-old girl he met at a leisure center in Valencia. The defendant accompanied the girl to her home in a taxi and once there she raped her using force, slapping her hands and gripping her arms and legs, as she has been credited, while intimidating her: «If you speak with another boy and I find out I kill you, you are mine ».
As reflected in the sentence, the accused being in provisional prison, “people around him” sent messages to the victim to withdraw the complaint in exchange for money, which led to testimony for a possible crime against the Justice administration. Finally, the circumstance that the young woman rejected this offer and stood firm in her accusation has proved key to give even more credibility to her incriminating testimony by discarding any spurious spirit.
The events occurred on January 1 of last year 2019 when the victim and the accused coincided in the Marina Beach Club of Valencia where a friend introduced them. After consuming alcoholic beverages both left the premises together between 16.30 and 17.00 and took a taxi to the girl’s home. They previously stopped at a pizzeria where they bought two cans of beer.
The waiter declared at the oral hearing that it was noted “that both were affectionate”, which implies nothing if later, being in the victim’s room, she did not want to have sex with the defendant and although he told her that « stop, ”as it has been proven, he forced her by slapping her and gripping her arms and legs.
For its part, the defendant alleged in the trial that once in the house they had consensual sexual relations, specifically three times. And he attributed the injuries that the young woman presented to an altercation she had with her friend.
However, the medical examiners who explored the victim five days after the events remarked that he was still “very affected” and the injuries he had were “typical of the aggression she was narrating.”
Likewise, the messages that she herself sent to a friend after what happened requesting her help “do not correspond to the maintenance of a consensual sexual relationship,” as the accused claimed. In fact, the aggressor himself sent his victim a message apologizing for his “failure.”
Regarding the possibility that the victim was under a “chemical submission”, for something that could have been thrown into the drink, this aspect has not been proven. However, as he defended the private accusation, exerted by the lawyer Vicente Montañana, it does not take away so that his client was in good condition or not, at the time he said: “I do not want” and he continued, we would be facing a clear case of violation, as the Provincial Court of Valencia has understood.
In the same way, the use of violence has been credited since the young woman «resisted and tried to get rid of it without achieving it by the defendant, slapping her with an open hand and holding her tightly with arms, legs and waist».
In addition, the Chamber does not appreciate any kind of extenuating circumstance in the defendant, not even drunkenness, since he himself stated in the trial that he was perfectly well: «I was doing well, I was not drunk».
Regarding the crime of minor injuries, which was also imputed to him, he has been acquitted because they are “a consequence of forced carnal access”. For this sexual assault, seven years of imprisonment and seven years of probation are imposed, and he compensates the victim with 15,000 euros for moral damages.