Nine years in prison was facing a crime sexual assault only one 360 euro fine for minor injury. This accused rape in a flat Valencia to a woman He escapes from prison after the victim, whom he met through a dating social network, did not arrive on trial date and showed his intention to withdraw the charge. His disapproval of his complaint and his inability to know whether the sexual relationship was consensual—it was at first, and he stopped after the defendant insisted on ending it, as reflected in the verdict— The wounds presented by the complainant were so obvious that (bites, abrasions, ecchymoses and bruises) The aggressor of the apartment used “sudden” in that sexual encounter.
The events took place at the convicted person’s home in the capital city of Túria on December 2, 2020. The 34-year-old defendant and his 41-year-old victim, both Spanish, had met the day before through the Badoo dating app. After switching phones and making WhatsApp calls, They stayed to meet face to face on his floor.
The accused admitted to violence, but within an act of consent of both and ceased at will
The complainant’s friend and ex-boyfriend took her to that house that afternoon and arranged to pick her up the next day. It should be noted that at that time there was a curfew due to pandemic restrictions. According to the facts that seem proven in the sentence, both went down to the supermarket to buy condoms even though they couldn’t find the right size. The accused again persuaded the complainant to have sexual intercourse and she agreed.
However, at some point, the man convicted of the injuries began to “suddenly act” with the woman. biting, pinching, pulling hair…, causing it bruising and ecchymosis on the breasts, arms, thighs and buttocks. These injuries required medical attention.
The victim asked him to stop several times, saying that he used violence against him, and according to the sentence, the accused stopped. However, failing to rely on the victim’s testimony as evidence, cannot determine whether it should stop earlier. And if it’s going to be sexual assault, as the prosecution initially advocated, it’s a crime for which the defendant demands a 9-year prison sentence.
The State Court acquits the applicant of sexual assault, but imposes a sentence for injuries that require medical attention.
During the hearing for eligibility in the Fourth Division of the Valencian County Court, the defendant recognized the “suddenity” used during sexual intercourse, as evidenced by the injuries previously reflected in his medical report.
Failure to show up on time and duly summoned by the complainant, his lawyer and the victim’s friend, together with the document provided by the defense in which the special prosecutor’s office announced its intention to withdraw from the hearing. process, “reduces sources of evidence the defendant’s confession and expert opinions”, argues the Chamber.
In this way, the Prosecutor’s Office, realizing that these were “acts that were undoubtedly initially consented and in which minor injuries occurred as an integral part of them,” changed its report. Therefore, he was finally fined only 360 euros for minor injuries.