The Superior Court of Justice of Navarra (TSJN) has confirmed a sentence of 7 years in prison imposed last May by the Second Section of the Provincial Court to an accused of having raped a friend of hers in April 2018 in Estella.
In addition to the prison sentence, the 29-year-old defendant was given a measure of probation for a period of 5 yearsas well as a prohibition of approaching less than 300 meters and communication for 10 years, as reported by the TSJN in a note.
In the sentence, which can be appealed before the Supreme Court, the Civil and Criminal Chamber of the TSJN has rejected the appeal presented by the defending, which claimed the absolution, a stance adhered to by the Prosecutor’s office, who had already requested the defendant’s acquittal at the trial.
However, the magistrates of the TSJN, like those of the Second Section, endorse the testimony of the victim, which was corroborated with other evidence.
The Civil and Criminal Chamber reproduces in its judgment the facts proven by the Second Section of the Hearing. The March 31st, 2018, the victim went with her boyfriend to a party that the accused had organized in a bar in Estella together with his partner to celebrate the upcoming birth of their son.
About 5 o’clock in the morning already on April 1Some of the guests, including the complainant, continued the celebration at a local nightclub. As the woman had run out of money, she decided to go to an ATM, which was accompanied by the accused. Her boyfriend stayed inside the premises.
On the way, they were talking in a doorway between 6:21 a.m. and 6:42 a.m.. As the woman was cold, since she had left the disco without a coat, she gave up going to the cashier. The defendant offered him to get in his vehicle to warm up and drive back to the nearby disco.
Instead of taking him there, with the excuse of warming up the car, he took him to an area near some swimming pools, where he parked in battery. Once there, since the woman was cold and “curled up”, he suggested that they both move to the back seats.
“But he wouldn’t stop”
Then the accused told her that he liked her very much and began “to touch her.” He stood in front of the victim, forcibly pulled down his pants and underwear and raped her.
During the sexual assault, the woman He tried to “shove it off” while he told him to stop, that his wife was at the party, that he was going to be a father. “But he did not stop,” the Court considered proven. Later, he also forcibly performed oral sex on the victim and later raped her again.
After the attacks ended, the woman telephoned her in-laws, who appeared at the scene. The defendant himself admitted to them right there that he had “abused” her.
The four went to a hospital, where, upon arrival, the defendant once again recognized “spontaneously” an agent of the Estella Local Police who had “abused” the woman.
The Provincial Court appreciated the drunkenness reliever, since the victim herself declared that both she and the aggressor were affected by alcohol, since that night they had both “drunk a lot”.
In its judgment, the Superior Court rejects all the arguments presented by the defense, to which the Public Prosecutor adhered.