A person of Colombian origin is scheduled to appear in the defendant’s dock within the Second Chamber of the District Court. The case centers on an alleged sexual assault against an elderly man. The Public Ministry has requested a sentence of eight years in prison for the defendant, citing the seriousness of the accusations and the evidence presented to date.
The events under review extend to August 12, 2022. At approximately 11:02 that day, an 86-year-old German man placed an online purchase order valued at 97 euros with a supermarket in Benicàssim. The order was labeled for home delivery, with the recipient on holiday in the same city. The defendant, a 34-year-old born in Colombia, was employed as a home delivery driver for the company. According to provisional findings from the Public Ministry, the order was delivered by the defendant at around 13:45 on the same afternoon.
Allegations Related to Exploitative Conduct
The prosecution contends that the defendant acted with a lustful intent, taking advantage of the victim’s vulnerability due to age and relying on a perceived imbalance of physical strength. The sequence of events allegedly culminated in an assault, followed by the defendant leaving the scene and the elderly man in a distressed state. The prosecutorial view is that these facts constitute a charge of sexual assault against a person particularly susceptible by age. The legal framework cited includes the reform known as the Organic Law 10/2022 of September 6, addressing the comprehensive guarantee of sexual freedom and the associated provisions of the Criminal Code. This reform is often described by the public as the yes means yes standard because it is viewed as the most favorable for the accused in this context.
Given the victim’s disoriented condition, the prosecution also suggests measures regarding the defendant’s status following a conviction. If found guilty, the authorities would seek deportation from national territory. They also propose that, after a term of at least six years of the sentence is served, the defendant could advance to a higher degree of imprisonment or be released conditionally.
The Castellón Provincial Prosecutor’s Office requests the imposition of a probationary regime in addition to the eight-year sentence. They also seek sanctions that would extend to a period of eight years and include disqualification from passive voting rights for the duration of the sentence.
The judgment in this matter is scheduled to determine responsibility on December 11, 2023, in the Second Division of the Provincial Court. The case is being processed with the involvement of the regional public prosecutors and the relevant judicial authorities, reflecting ongoing procedures and the formal steps required in this high-profile matter.
In coverage of the case, authorities have emphasized the importance of safeguarding the rights of the elderly and ensuring due process. The proceedings reflect a broader public interest in addressing assaults that involve vulnerable individuals and the responsibilities of service providers who interact with customers in home delivery roles. This case illustrates how local courts interpret and apply the reform that governs sexual consent and the penalties associated with abuse of power, particularly in situations involving age-related vulnerability and perceived physical imbalance.