The sentence imposed by the First Division court considered that the defendant was the perpetrator of a crime of sexual abuse involving sexual intercourse where aggravating circumstances of consanguinity apply, as a sexual relationship had been initiated between the defendant and the victim. relationship equivalent to courtship a month before the events.
The harassment took place at the defendant’s home on the morning of December 22, 2019, after both of them shared a joint post. Going out at night in AlicanteJudicial sources reported this.
The sentence states that both of them spent the night with several friends in different parts of Alicante, and that the victim had another drink from one of his friends.
At around 6:30 a.m. he found himself disturbed and under the influence of alcohol, so he asked the defendant to drive; He took her home, They took a shower together and lay in the same bed.
Later, around 9.30 in the morning, the accused took advantage of the girl’s unconscious state and Penetrating her before she can express her consent.
In fact, according to the sentence, when the girl noticed the suspect’s movements and scolded him for this behavior, she woke up, immediately dressed and left the house, and then went to the Police Station to file a complaint.
In his testimony at the hearing, the defendant denied applying sexual pressure to the victim and said that he was the one who woke up and started caressing her genitals until she masturbated.
However, the court gave credibility to the victim’s story after estimating that the victim maintained a persistent version of the complaint from the moment it was filed, and that medical tests performed during his examination after filing the complaint documented the victim’s existence. DNA remains inside the defendant’s vagina.
In addition to the prison sentence, the woman is also sentenced to 8 years of suspension and 5 more years of supervised release.
The sentence can be appealed before the court Supreme Court of Justice (TSJCV) in ten days.
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