Case Summary: Sexual Assault Conviction in Zaragoza After Online Contact
A man met a 23-year-old woman from Zaragoza through Telegram. After several days of messages, they agreed to meet. The encounter began with sexual activity and the discussion centered on protection. The young woman repeatedly stated a refusal to have unprotected sex, but the man pressed on despite her clear objections. He refused to use a condom and did not listen to her. As the events unfolded, the court in Zaragoza County ultimately found Alfredo Arenas Tobarias, born in 1978 in Spain, guilty of sexual assault and sentenced him to four years in prison. The verdict concluded that protection was not used and that consent was not maintained during the encounter, leading to a serious offense that the court treated as rape with coercive elements.
The provincial court, presided over by a magistrate, considered the victim’s account credible and reasonable. The decision drew on the testimony provided during the trial and the evaluations of professionals from the Aragon Institute of Forensic Medicine and Forensic Sciences. The experts described the narrative as coherent, with no indication of hallucinations related to any mental disorder. They noted that the interview proceeded smoothly and the timeline remained orderly and spontaneous. While some discrepancies appeared in a few details, the court found the victim’s testimony trustworthy and consistent with the overall sequence of events. The defense’s characterization of the account as unreliable did not persuade the court, which viewed the description as a credible record of what occurred. In contrast, the defendant asserted that only one sexual act took place, that the first instance lacked condoms, and that any further intercourse did not occur. He later contradicted his earlier statements by indicating there had been a second encounter, despite previously denying it. This inconsistency contributed to the court’s assessment of his testimony as unreliable. (citation: Aragonese judicial proceedings and juristic assessments as cited in the trial record.)
The timeline extended into the early hours of March 24, 2022. The victim testified that after completing some preliminary preparations in Arenas Tobarias’ living room, they moved to a bedroom to establish protections for consensual relations. She told the court that she refused to use protection on multiple occasions, but the respondent did not respond to her refusals and caused physical restraint. She described being grabbed by the arms and subjected to non-consensual conduct. She also stated that, after leaving the residence, she received a Telegram message in which the perpetrator claimed she had been raped, to which he expressed remorse, stating he did not intend to do harm. The court took these communications as part of the case record and noted the emotional impact on the victim. (citation: court records and forensic expert testimony.)
The judgment also ordered a 200-meter restraining order for a period of five years and placed probation on the perpetrator for the same duration. Initial proposals from the prosecution suggested a longer sentence, while prosecutors argued for an extended term of imprisonment. The case was brought before Instruction Court No. 11 in Zaragoza, and an appeal remains pending before the Civil and Criminal Department of the Supreme Court of Justice of Aragon. The proceedings reflect the careful consideration of evidence, expert analysis, and the assessment of credibility in adjudicating sexual offenses where consent and use of protection are central issues. (citation: appellate and trial court records.)