Alicante Court of Appeal handed down prison terms to five young French defendants in a case arising from a 2019 incident in Benidorm involving a Norwegian tourist and another woman. The youths, who were aged 18 to 19 at the time of the events, faced charges of multiple sexual assaults following an evening at a vacation apartment. Their sentences were six months for two defendants, two years for another two, and four years for the fifth. The court suspended the execution of these sentences with the approval of the Public Prosecutor and the private prosecutors, represented by one of the victims.
The verdict was announced in court after the defendants pleaded guilty as part of a plea agreement negotiated between their defense attorney and the Prosecutor. Initially, the Prosecutor had sought harsher penalties, but the agreement reduced the total potential sentences. The private prosecution joined the deal. The main defendant would have faced fourteen years for two counts of sexual assault with penetration, with one count as a co-perpetrator, while the other two defendants faced seven years combined for a single count each. The remaining two were sentenced to two years and six months for a single count each.
To temper the penalties, the court considered mitigating factors such as delays in the proceedings, the defendants’ confessions, and the restitution offered to those harmed. The victims testified via videoconference from Norway and confirmed their formal statements in court. They have received nearly 38,000 euros in moral damages as partial restitution.
Vacation apartment Incident
The alleged assault occurred on August 6, 2019, in a Benidorm vacation apartment where the five visitors, aged 18 to 19, were staying. Prosecutors state that one defendant contacted a Norwegian woman through a social network and invited her and a companion to the apartment around 11:30 p.m. The group consumed alcohol, and the intoxication of one of the women was notably high. After spending time on the terrace, one defendant entered a room with a woman and engaged in sexual activity while recognizing her diminished capacity and vulnerability due to intoxication. The group returned to the terrace, where the woman had to lie down due to her condition.
Two other defendants approached the second tourist and, after leading her to a room, attempted to have sexual relations with her. They began touching her and tried to remove her clothing, but she refused and escaped. When the first woman left to locate her friend, she found her in another room with the remaining three defendants, who allegedly used the vulnerable state to assault her until the other victim managed to join them.
In addition to prison terms, the defendants found proven guilty of sexual assault with penetration must compensate the primary victim with 31,840 euros and pay a minor assault fine of 120 euros. They are also prohibited from approaching or contacting the victims. Part of the indemnification has already been paid, with the rest to be settled using 18,000 euros that had been posted as bail to secure release. The two other defendants sentenced to six months each paid 3,000 euros in moral damages.
This report is drawn from official court documents and statements from the Alicante Court of Appeal, as provided by the parties and their representatives. The case highlights the impact of plea agreements and the role of mitigating factors in sentencing, while underlining the continuing legal process for the victims who participated in the proceedings from abroad.