The First Division court found the defendant liable for a sexual abuse offense involving intercourse with aggravating factors due to a familial relationship between the parties. The court noted that a romantic relationship had begun between the defendant and the victim about a month before the events occurred, which contributed to the charged offense.
The incident reportedly occurred at the defendant’s residence on the morning of December 22, 2019, after both individuals had shared a posting online. Judicial sources indicate that the pair spent the prior night with several friends in different areas of Alicante, and that the victim consumed another drink provided by one of the acquaintances.
Patient
Around 6:30 a.m., the defendant and the victim were awakened by disturbance and alcohol use; the defendant offered to drive the victim home. They then took a shower together and shared a bed in the same room.
Approximately three hours later, around 9:30 a.m., the defendant allegedly took advantage of the victim while she was unconscious and performed sexual intercourse without obtaining consent.
When the victim became aware of the defendant’s actions and expressed dismay, she dressed quickly and left the residence, subsequently reporting the matter to the Police Station.
During testimony at the hearing, the defendant denied attempting to exert sexual pressure on the victim. He claimed he had awakened and that sexual activity began with mutual caressing that led to voluntary arousal.
Nevertheless, the court found the victim’s account credible, noting that she consistently maintained her version of events from the moment the complaint was filed and that medical examinations conducted after the complaint corroborated the victim’s statements. The examinations reportedly documented the presence of the defendant’s DNA within the victim, supporting the allegation.
In addition to the prison sentence, the court imposed an eight-year suspension and an additional five-year period of supervised release.
The ruling may be appealed to the Supreme Court of Justice within ten days, as permitted by applicable law.