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Tuesday, 8 May 2018

Rapist to serve less years for being drunk


The Provincial Court of Zaragoza has sentenced a man of 54 years for sexually assaulting a minor that in 2015, when the crime happened, was 17. The sentence has been tempered by drunkenness, according to the sentence, published this Monday by the Judicial Power. This has brought the attention of many media in a time of uncertainty concerning gender abuse and justice.

According to El País, the convicted must serve five years in prison and the rest of the sentence, three years, will be replaced by his expulsion from Spanish territory, where he cannot return for six years. In addition, he must compensate the victim with 20,000 euros and may not communicate or approach within 200 meters of her. The girl, identified as C. in the ruling, was in the man's house on the night of the assault because she is a friend of the wife of the condemned, according to the proven facts of the sentence.

The child slept in the same bed as the couple's son, aged nine, in the room that the couple shares with the child, when the rapist "placed himself on top". The letter states that "after removing the shorts and panties", the accused pinned his arms over his head with one hand and with the other covered his mouth. “Taking advantage of the initial stunning and without ejaculating" the aggressor "introduced his penis into the vagina" of the victim, the document said. The young woman managed to get away and told what happened to the wife of the condemned.

The man had previously taken "abundant alcoholic beverages", such as rum, whiskey and beer, but the degree to which his intellective and volitional faculties were affected has not been proven. The defendant denied the facts in his statement before the investigating judge but the DNA report, however, contradicted his version. The court has considered that the victim's story is "sufficiently credible and persistent " and is enough proof to convict the aggressor. The man, of Ecuadorian origin, has been condemned for the crime of sexual assault, typified in article 179 of the Penal Code and according to which "it is enough with the refusal to maintain a sexual relationship, so that if force or intimidation is used against whom has refused it, this criminal act is committed".

The sentence is not final, and the defense may file a cassation appeal before the Second Chamber of the Supreme Court. The prosecution requested for the rapist 13 years in prison and his defense, the acquittal. The defendant had already been convicted on July 14, 2016 for another offense against sexual freedom. The letter released Monday clarifies that this resolution is not considered for recidivism. This and all cases arising after the condemnation of sexual abuse in many parts of the world demand new perspectives for the judicial powers to change old rulings and serving with all force due.