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E. Press
Jueves, 26 de diciembre 2024, 13:40
The Third Section of the Provincial Court of Alicante has sentenced a man to four years in prison for sexually assaulting a woman on a beach in Benidorm. The convict must compensate the victim with 4,000 euros for the moral damages she suffered due to the incident. Additionally, he is prohibited from approaching within 300 meters or communicating with her by any means for nine years, according to the Superior Court of Justice of the Valencian Community (TSJCV).
The incident occurred on the night of June 10, 2021, when two groups of friends, including the defendant and the victim, met and began a conversation. Shortly after, the groups went to one of their homes to swim in the pool, but eventually decided to go to the beach known as Cala el Tío Ximo in Benidorm for a swim.
Once there, most of the young people, including the victim and the accused, swam in the sea. In the water, the now-convicted man grabbed the woman by the waist and kissed her on the mouth, which she initially reciprocated voluntarily. However, she soon expressed her unwillingness to continue—reiterating her refusal several times—but the convict ignored her, removed her clothes, and assaulted her.
This situation caused a mental block in the victim, preventing her from physically resisting, calling for help, or screaming. She left the water crying and became withdrawn from the group. The following day, she reported the incident.
During the trial, the convict maintained that the sexual relations were consensual, and his defense argued that if the victim was blocked and affected after the incident, it might be because she had a partner at the time and did not want anyone to know about the sexual act with the convict. However, the court found the woman's account credible throughout the proceedings, without contradictions, and dismissed any illegitimate motivation.
The court did not find it proven that she had a partner at the time of the incident and concluded that the mental shock she experienced after the assault was entirely credible, according to witness statements and forensic medical examination results.
This state of shock, according to the verdict, would justify why the victim "was unable to raise her voice in the water," explaining why none of the witnesses heard her refuse the sexual act with the accused or call for help, which, according to the court, "does not equate to her consenting to the act."
The verdict is not final, and an appeal can be filed with the Civil and Criminal Chamber of the Valencian Community.
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