A nine-year prison sentence was initially contemplated for a crime involving sexual assault, but a judge ultimately imposed only a 360 euro fine for minor injuries. The accused faced allegations of raping a woman in a Valencia flat. He fled from prison after the victim, whom he had met through a dating app, failed to appear at the trial date, and signaled his intention to withdraw the complaint. The verdict notes that the complainant’s injuries were visible—bites, abrasions, ecchymoses, and bruises—and that the assailant used a sudden approach during the encounter, which is described as an act of violence connected to the sexual act.
The incidents occurred at the convicted person’s home in the capital city of Túria on December 2, 2020. The 34-year-old defendant and his 41-year-old victim, both Spanish, had met the day before through the Badoo dating app. After exchanging phones and communicating via WhatsApp, they arranged to meet in person at the defendant’s residence on his floor.
The accused acknowledged violent conduct but argued it occurred within a mutual consent framework and ended at will
The complainant’s friend, who is also her ex-partner, accompanied her to the apartment that afternoon and planned to pick her up the following day. It is noted that a curfew was in place due to the pandemic at that time. According to the proven facts in the verdict, the two went to a nearby supermarket to buy condoms, though neither party found a size that fit. The defendant again persuaded the complainant to engage in sexual activity, and she consented.
However, at a point during the encounter, the man began to act in a sudden and aggressive manner, biting, pinching, and pulling hair, which left the woman bruised and with ecchymoses on the breasts, arms, thighs, and buttocks. Medical attention was required for these injuries.
The victim asked him to stop several times, describing violence used against her, and according to the verdict, the accused paused as requested. Yet the record shows that it is not clear whether the stop occurred earlier, since the witness testimony from the victim did not establish a conclusive point at which the conduct should have ceased. If the case were deemed sexual assault, the prosecution initially requested a nine-year prison term for the defendant.
The State Court acquits the applicant of sexual assault but imposes a sentence for injuries requiring medical attention
During eligibility proceedings in the Fourth Division of the Valencian County Court, the defendant admitted the use of “sudden” force during intercourse, which is supported by the medical report detailing the injuries.
The hearing was affected by the defendant’s failure to appear on time, despite proper summons issued by the complainant, her friend, and the legal counsel. The defense’s written document indicating the special prosecutor’s intention to withdraw from the proceedings further narrowed the evidentiary sources. In light of these circumstances, the chamber concluded that the confession and expert opinions were diminished in evidentiary value.
Consequently, the Prosecutor’s Office acknowledged that the acts were initially consensual and that minor injuries occurred as part of the encounter. As a result, the defendant was ultimately fined only 360 euros for minor injuries, rather than being convicted of sexual assault.