The Second Section of the Provincial Court of the Balearic Islands has sentenced a man for sexual abuse with penetration to 6 years in prison for acts that occurred in 2017 in Ibiza.
The Chamber “harbors no doubt that the relationship was not consensual and that the accused carried out his action taking advantage of the situation of unconsciousness in which the woman found herself,” states the sentence made public by the Judiciary. The magistrates point out that it was insinuated in the trial that the deprivation of consciousness of the woman was not consensual could have been due to the supply of some substance in the drink which was served to the victim in the apartment but which was not proved. The Court emphasizes that it was proven by a urine analysis that the victim had consumed alcohol, MDMA and cocaine.
According to the sentence, the victim has maintained throughout the entire time elapsed that the acts were carried out against her will, and that upon regaining consciousness and realizing that she was being penetratedshe vehemently rejected him and pushed the man off her and ran away from the place. The magistrates point out that the same version of events was given by the victim to his wife, to the forensic doctor and to the police.
On honeymoon
On the other hand, the Court considers that the victim had been in a relationship for approximately ten years with another woman the victim had “no interest in men, they had just gotten married and were in Ibiza on their honeymoon”. Therefore, the Court does not agree that the victim had “full sexual relations with a man she had just met, while in a bad state and at a time when his wife was away for a moment to do some shopping”.
The Court also imposed on the defendant the measure of probation for a period of 6 years to be executed after the custodial sentence. According to the resolution, the defendant must compensate the victim with 10,000 euros for the damages caused and for moral damages.
The sentence is not final, an appeal may be filed before the Civil and Criminal Chamber of the Superior Court of Justice of the Balearic Islands.
For the full article, please visit Diario de Ibiza website here.