Alicante Court Rules on Attempted Assault Involving a Minor

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A court in Alicante handed down a prison term of three years and nine months to a young man convicted of attempted sexual assault involving a minor under fifteen. The sentence also includes a fine of 240 euros for minor injuries and a monetary compensation of 6,000 euros for non-pecuniary damage to the victim. The sentence, issued by the First Section, also imposes a six-year restraint period with five years of probation to be served during the sentence, reflecting the gravity of the crime and the impact on the victim.

The court found proven the events that occurred on January 24, 2020, at the Juan XXIII park baths in San Vicente del Raspeig. On that day, a 20-year-old suspect approached a girl under fifteen, who had previously seen him, and socialized with her as he kissed her multiple times. The two met in the park restroom because the accused sought to avoid public scrutiny while his companion was not with him.

After entering the facilities, the narrative shows that the two began with kissing. As the accused began to unzip his pants in a bid to engage in sexual activity, the minor clearly expressed her refusal and asked him to stop.

She Was His

Despite the clear rejection, the accused asserted that the encounter was his right and pressed for compliance with his wishes. His insistence intensified, prompting the minor to attempt to exit the restroom door. She managed to struggle with the door, but the accused blocked her and continued the sexual assault attempts until others entered the bathroom and the victim finally left the room, seeking safety and not to be found in the situation any longer.

The court gave substantial weight to the minor’s account, describing her statements as consistent, sincere, authentic, and reliable. The judgment also corroborated her testimony with the statements of three witnesses who saw the victim emerging from the restroom, further supporting her version of events and the sequence of actions in the park rest area.

The analysis of credibility and corroborating evidence led the court to conclude that the minor’s narrative was credible and that the accused acted with persistence and coercive intent. The verdict reflects not only the physical actions but also the psychological impact on the victim and the broader implications of gender-based violence in public spaces. The court’s ruling emphasizes the vulnerability of minors in encounters of this nature and reinforces the need for accountability in cases of sexual aggression against young people in community settings.

In addressing the penalties, the tribunal considered the severity of the act, the age of the victim, and the presence of aggravating factors connected to gender-based discrimination. The imposed sentence aims to balance punishment, deterrence, and the victim’s need for redress, while also establishing a clear public message about the seriousness of sexual offenses against minors in public locations like parks and recreational areas. The decision underscores the commitment of the judicial system to protect minors and to uphold the rights and dignity of victims in such cases.

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