Suspicions preventing the County Court from accusing a Zamoran man of committing a crime rape and abuse your partnerconclusion “There is no certainty about what happened and there are many doubts”lead magistrates Castilla y León High Court of Justice (TSJ) rejecting the retrial and confirming the acquittal Zamora most 8 March this 2022, against the demand 15 years in prison by Gender-Based Violence Prosecutor.
The statement of the alleged victim is missing “subjective, objective reliability or truthfulness, nor persist in testifying”circumstance that prevents condemnation, processed from initials PJPTon charges of rape and four abuses against his wife, as reported by Provincial Prosecutor’s Office.
The judge reveals one of the complainant’s contradictions while giving his testimony about the details of the case. breach in his statement Zamora Police Station and then before judge investigating the caseWhile declaring that she was assaulted by the accused “for refusing to have sexual intercourse twice in November, before she was raped at the beginning of December”.
However, at the hearing, he referred to only one sexual assault, which was “the only time he refused to maintain close relationships” with the defendant, because they were defendants until then. a “sexually active” partner“.
Likewise, the victim was placed in November, “not September or October, as the indictments reflect”, the day the defendant’s case was filed. “grabbed her hair” in your living room, “He pushed her against the wall, threw her on the bed”, according to the woman. The aggression ended there when her daughter came to the door of the room before pretending nothing had happened.
an adapted story
The second episode would come out days later, when his emotional partner gave it to him. “One punch in the mouth and threw him on the bed by not letting him use the phone to call the police”, according to the complainant, physical assault for sexual purposes. The judge doubts that these two events happened on different days, and he believes that the woman was, in fact, “thus fitting her story back into the content of the indictment.”
Since these crimes can carry Up to 15 years in prisonas requested by the Gender Based Violence Prosecutor in this case, Obligation to be “a complete conviction that events have taken place” As reported by the complainant, TSJ points out that this is impossible due to conflicting versions of victims and witnesses.
sentence says most Right to presumption of innocence allegedly precludes conviction in the absence of evidence. Lawyer, Andres Nafriareferring to them disagreementsinvolved in its decisions. Burgos and Zamora Criminal Division.
“Contradictions and Inaccuracies”
The Zamora Tribunal affected his sentence in four cases of ill-treatment, which supported the “significant contradictions and inaccuracies” in the story about the rape and the Zamora Tribunal’s arguments. questions about sexual and physical assaultso he’s right acquittal of the accusedalthough he appreciates that the woman’s expression persists over time as to what is fundamental.
Exactly this last direction, Gender-Based Violence Prosecutor, Evaristo Antelo, Asking for “example sentence” after the trial, in particular, the detention in Topas 11 years for PJPT 4 more for crimes against the complainant’s sexual freedom and sexist violence reported by the complainant.
The Provincial Court was not sufficient for magistrates. testimony ex-wife of the complainant and the accused “to agree on the fundamentals“throughout the investigation of the case and during the trial, they found that it was “full of inaccuracies and contradictions which also prevented him from being given the necessary virtuality to support his conviction.”
The victim has no psychological report
The magistrate who reported it felt that the prosecution should suggest further disclosure. witnesses and police reports, It is detailed as a result of one of the condemned episodes. In this sense, it states “what it does not contribute”. psychological report It is a crime for which any victim does not seek non-pecuniary damages, which would make it possible to verify the situation suffered by the victim as a result of the alleged violation.
The decision also adds that they “did not provide”. reports of his youngest daughter undergoing psychological treatment“For the violence allegedly witnessed by the victim, it would have been extremely easy to accredit the prosecution to obtain the alleged conviction.” principle of “pro-dubio indictment”“: when in doubt, the accused’s presumption of innocence must prevail.
Prosecutor: “You have to open those gaps”
In his final decisions during the trial, the prosecutor argued: “open the gaps” to put an end to the defendant’s behavior, which the Public Ministry interpreted as: “I’m a man, whatever you say, I’ll sleep with you whenever I want,” she says.
The court has already decided to leave on the same day of the trial conditional freedom to the suspect wearing one year in temporary jail Now for these facts confirming his acquittal, a decision that pleases the defendant’s lawyer by confirming his arguments to defend his defense. innocence your customer.
The judiciary takes care dance of the dates The complainant places the facts in November or between September and October, without specifying the month or day, “adapting them to those included and reflected in the indictments, in clear contradiction with what was originally reported Zamora Police Station and condemned the first two attacks under investigation.