The Court of Seville has sentenced a man to two years in prison for a crime of sexual abuse committed against a woman whom he had met through the digital contact application Tinder, while she was sleeping after they both spent the night out clubbing. in a nightclub consuming alcohol and MDMA.
In a ruling issued on December 19, the Third Section of the Seville Court declares proven that on an undetermined date, the victim of the case contacted the accused, Alexander F.I.S., born in Lima (Peru) and currently 33 years old. of age, "through the social network Tinder"; After which in September 2019 "their phones were provided and they began to communicate via WhatsApp."
From there, the sentence declares proven that "after several days exchanging messages, on November 2, 2019, both made an appointment to meet in person, staying at the woman's home," in Seville, capital, to where the accused He traveled "on a bicycle, carrying a bottle of whiskey with him."
The account of events goes on to explain that after "drinking alcohol and taking ecstasy, both of them went to the Calonge industrial estate discotheque, where they continued drinking until, around 5 in the morning on November 3, they decided to return to the home of the victim", a journey they made on foot and during which "they fell to the ground on several occasions because "both were quite drunk.
Once at the woman's home, according to the sentence, since the accused "was not in a position to drive the bicycle, due to his state of drunkenness and intoxication, he asked" the victim to "let him sleep in her home." home, and she agreed to do so, although she told her that she should sleep on the couch.
However, and always according to the account of proven facts, "at approximately 9:00 a.m., taking advantage of the fact that the woman was asleep and under the influence of alcohol and drugs, the accused, with the aim of satisfying his lustful mood, entered the her bed and after lowering her pajama bottoms and panties and lifting her shirt and bra, he penetrated her vaginally with a condom, being aware that she was not in a position to give consent.
"He then turned her around and tried to penetrate her anally, at which point she realized what was happening, pushing him and getting him off her," concludes the account of the facts considered proven, which also recognizes that the accused "he presented alcohol intoxication reinforced by the consumption of a narcotic drug (MDMA ecstasy), which significantly decreased his ability to correctly evaluate his behavior and control it, without in any case canceling it or compromising it in an equivalent way."
For the court, it is "a crime of sexual abuse in which the victim appears as a person who was asleep and under the effects of the previous ingestion of alcohol and drugs, with which it seems clear that there was no consent and, in the unlikely event that there were, it would be flawed".
And after the accused's defense alleges that "the social network through which they both met, Tinder, is intended to facilitate these relationships, also making reference to certain WhatsApp messages sent by the complainant that could be interpreted in that sense; the Court indicates that "regardless of the use given to a given social network, the truth is that in order to speak of a consensual sexual act, the free and joint will of both parties is necessary, something that does not happen here" .
Furthermore, the court specifies that the fact that the victim "proposed drinking alcohol and taking drugs in no way affects an alleged consent to sexual relations."
"According to the Penal Code in force at the time the events occurred, it seems clear that there was no type of attack or physical or compulsive force on the part of the accused to override the will of the victim, who was asleep, which is why that the absence of violence or intimidation must be appreciated," the court specifies, warning that "in accordance with the legislation subsequent to the one applied here, Organic Laws 10/22, of September 6, and 4/23, of April 27 , the facts prosecuted would constitute a crime of sexual assault and not sexual abuse."
Thus, the accused is sentenced to two years in prison for a crime of sexual abuse with carnal access and the incomplete defense of intoxication, as well as five years of post-prison supervised release, five years of prohibition from approaching the victim or communicating with her and to compensate her with 2,280 euros.
