Supreme Court (TS) rejected a man murdered and raped his cousin Claims to be a woman to get rid of in Fuerteventura (Canary Islands) 15 years in prison for the crime of sexual assault. Thus, the judges rejected the claim of the convict who claimed that he could not desire the victim and could not commit the rape by feeling like a woman during the murder.
According to the Supreme Court, rape is “a movement against sexual reparation” the murdered woman “without any hindrance or hindrance to her by the gender dysphoria she claims to suffer from”.
In this way, and in a sentence reached by Europa Press, the judges Criminal Chamber Jonatan Robaina was sentenced to 38 years in prison for the murder and rape of Vanesa Santana on the night of 4 June 2018 on Canary Island.
The author, who confessed to the Civil Guard four days after she left her jacket she had forgotten at the crime scene and never admitted the rape despite the testimony of the experts, said that she had gender dysphoria before the Supreme Court and “she doesn’t feel like a man”. “He has no sexual desire for a woman.”
In the judges’ decision,nothing can spoil the actions committed, nor the denial of the libidinous spirit, which is not contrary to the alleged dysphoria”, in accordance with those convicted in 2021 by the Las Palmas de Gran Canaria State Court and later by the Canary Superior after a jury trial.
However, the Supreme Court partially accepts the objection of the perpetrator and continues his sentence of 15 years in prison for sexual assault. reduces homicide from 25 to 23 in competition with breaking and entering, not appreciating the aggravating factors of exploiting space and time and prior disguise.
The Supreme Court dismissed the allegation of disguise, realizing that, given that his face was in the open and at a short distance, the hoodie he “never” wore blocked his identity “with complete openness”: the hoodie does not prevent or imply any significant deterioration of the face”.
And he admits “clearly” that death is treacherous, but makes it clear: no other aggravating circumstances occurexplaining that “even though they prefer not to be recognized by third parties, the conditions of time and place are not seen to be sought”, therefore the extra unlawfulness required for its implementation has not been reached, .
confession delayed
Where he doesn’t give up is a palliative admission, as TS says the collaboration isn’t “relevant”. “It did not facilitate the investigation and resolution of the crime, She states that the confession is not entirely correct or complete”, that the victim denies that she was raped and that “she tries to attribute the aggression to other people”.
The judges consider this to be a late confession and not decisive other than the following fact.there was evidence from the criminal investigation in relation to the offense of sexual assault in which the accused denies the facts that made his conviction possible”.
Forensic doctors are opposed to accepting the abnormality or psychic alteration defense at trial, as it gives assurances that the perpetrator of the murder is guilty.“uncast” with mild mental retardationdidn’t stop him from understanding the “creepy act”.
According to proven facts, Jonatan Robaina sneaked into her cousin’s house with a stolen key. Alone and taking advantage of the fact that he was equipped with gloves to avoid traces, he went up to the sleeping Vanesa’s room. hit him on the head about 30 times with a hammer and strangled him with a belt.
Once you’re sure it’s your cousin bleeding and serious injuryBefore he left to satisfy his sexual desire, he raped her before he could hide the body or clean all the blood.
As a legal liability, the TS magistrates confirm that you must pay as compensation. 130,000 euros each for the victim’s parents, 60,000 euros for the brother and 30,000 euros for the couple.