They confirm 13 years in prison for the rapist of a woman in Benidorm who sneaked through the balcony

The Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has confirmed the sentence of 13 years and three months in prison imposed in October of last year by the Court of Alicante on a man for raping a woman after accessing her home, in the city of Benidorm, through the balcony.

Oliver Thansan
Oliver Thansan
14 May 2024 Tuesday 05:26
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They confirm 13 years in prison for the rapist of a woman in Benidorm who sneaked through the balcony

The Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has confirmed the sentence of 13 years and three months in prison imposed in October of last year by the Court of Alicante on a man for raping a woman after accessing her home, in the city of Benidorm, through the balcony.

The Valencian High Court thus rejects the appeal filed for violation of the law by the defense, understanding that the sentence set for the crime of sexual assault in competition with a crime of breaking and entering, 12 years, is totally correct.

The Chamber specifies that the magistrate who presided over this jury trial in the Alicante Court already applied Organic Law 10/2022, known as the Law of only yes is yes, as most beneficial for the accused, so "in no way has it been infringed." the principle of proportionality.”

In addition to that 12-year sentence, the Court imposed sentences of five months in prison on the convicted person for three crimes of attempted break-in, because after the rape, he tried to enter the house again on three occasions. the victim.

The events date back to November 12, 2021, when the man went to the victim's home, located on the second floor of a housing block in Benidorm, on the ground floor of which there is a restaurant with a corrugated board roof.

The aggressor knew the victim and knew that she was injured, because he himself, along with another friend, had accompanied her home a month and a half earlier, when she suffered a fall that caused fractures of her tibia and fibula. Once in front of the victim's building, he climbed to the roof of the bar and from there he climbed the bars of the balconies until he reached the second floor and accessed the woman's apartment through the glass window.

Once inside the apartment, and after surprising her in the kitchen, he covered her mouth and dragged her to a room, where he sexually assaulted her. After that, she left the house through the main door after warning the injured party that she would return.

The convicted man carried out that threat on three more occasions, on November 27 and on December 2 and 28 of the same year, 2021, when he climbed to the roof of the bar and climbed the façade of the property until he reached the bars of the balcony. of the victim, although he was unable to enter the home due to the woman's screams and the intervention of her friend.

The appeal ruling of the TSJCV, which is dated March 7, can be appealed in cassation before the Supreme Court.