The Tarragona Court has tried a man accused of a crime of sexual abuse with penetration committed on April 10, 2021. The defendant attended the birthday party of the victim's sister at an Amposta home. Later, the victim went to the defendant's house, with two of his relatives, where the men consumed tobacco and cocaine and she alcohol.
The accused has explained that he had a friendship with the victim, since he had been a partner of his sister. According to what he has recounted, he, his cousin and his uncle, went to his house with the woman to continue drinking after the birthday party. Since there was a curfew due to the pandemic, the four of them went to his apartment to continue the party until dawn.
"I accepted a glass of whiskey, she told me to stop studying and to sit next to her, we were talking covered with a blanket, underneath she was holding my left leg," the investigator stated. The man has claimed that the victim explained to him that he was wearing a contraceptive device and that he stopped drinking because his stomach hurt.
Afterwards, the woman went to the room with the defendant's cousin, with whom they had been fooling around. Her relative, who had testified as her witness, assured that he did not have sexual relations with her, but that there was touching and games. The defendant has stated that her cousin told him twice to leave and that she preferred to stay in the room.
When both the defendant's cousin and uncle left the home, he went to the room. "I interpreted that she wanted something with me after my cousin told her twice to leave," he argues. He then explains that she walked into the room and they started kissing and having sex.
Although the defendant affirms that there was consent, according to the indictment of the public ministry, the defendant took advantage of the fact that the woman was asleep and affected by the intake of alcohol to sexually abuse her. The person investigated only responded to his lawyer's questions and at the end of the hearing he made use of his last word right, in which he questioned the current psychological affectation of the woman as a result of the events.
The victim, who has done so behind closed doors, has also testified, several witnesses and the forensic doctors who examined the young woman at the hospital hours after the alleged assault. In her statement, the coroner has said that the woman woke up due to severe pain in the neck and pectoral area, where she certifies injuries. In addition to vaginal injuries that are not compatible with consensual sexual relations. “It is strange that these types of injuries occur if the area is well lubricated,” she says.
The prosecution has requested seven years in prison for a crime of penetrative sexual abuse, the prohibition of approaching the victim within 300 meters for a period of eight years and five years of probation. With regard to civil liability, it has requested 20,000 euros in compensation for moral damages and 128 more for damages for injuries.
In the same final argument, the prosecutor has asked the court to take into account that the most important thing is the consent of the victim and not the fact that she was or was not dressed when the attack was committed. In addition, he has questioned that the arguments expressed by the defendant, such as that the woman did not go with her cousin and that he touched her leg, are not arguments to justify that the victim wanted to have sex.
On the other hand, the defense has requested the acquittal and has argued that the victim's statement contains inconsistencies and contradictions that are not "sufficient" to convict his client. In turn, the lawyer has remarked that no reports of the victim's psychological problems have been submitted, derived from the facts, and has argued that the complaint is motivated by the woman's objective of obtaining a residence permit.
