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12-06-2024, 02:41 PM
More than 22 years in prison for a man who kidnapped, raped, assaulted, and drugged a woman for two days in Fuerteventura
The TSJC increases the sentence that had been handed down by the Provincial Court and stresses that the victim was "humiliated, humiliated, raped" and "physically and psychologically attacked"
The High Court of Justice of the Canary Islands (TSJC) has increased the sentence for a man who was convicted of kidnapping, raping, assaulting, and drugging his ex-partner for two days in Fuerteventura, violating a court restraining order.
The Court sentenced him in January to 18 years and five months in prison, for a crime of habitual abuse (one and a half years), a continuous crime of sexual assault with penetration (10 and a half years), a crime of illegal detention (five years), another of violation of a precautionary measure (nine months) and one more of resistance to authority (eight months).
In a ruling on June 7, the TSJC accepted the victim's appeal and added a crime of domestic abuse, which is punishable by one year in prison, the maximum provided, due to the seriousness of the case and for having been committed in violation of a restraining order.
In addition, the High Court of Justice, in a ruling of which Judge Carla Bellini is the rapporteur, increases the sentence for the continuous crime of sexual assault to 14 years, "given the patent seriousness of the facts suffered by the victim, who was humiliated, humiliated, raped, physically and mentally assaulted, held for almost three days and drugged".
The TSJC adds to justify the harshness of the sentence that the woman was "used" by her aggressor, "in the full sense of the word, without any possibility of defending herself from physical and psychological aggressions, in a situation of confinement, without freedom of movement, as if it were an animal".
With the rest of the crimes and penalties that remain from the initial sentence of the Court, the resolution of the High Court of Justice increases the deprivation of liberty of the convicted person to 22 years and five months in prison.
The Court stresses that the victim was "used" by her aggressor, "without any possibility of defending herself", in a "situation of confinement", as if "it were an animal"
The terrifying Events described in the sentence occurred between May 26 and 28, 2022 in Puerto del Rosario. The aggressor and the victim had been a couple for about eight months. That same month of May, on the 21st, Court Number One of Puerto del Rosario had imposed on the aggressor the prohibition of communicating and approaching his ex-partner within 500 meters.
Despite this restraining order, two days later the man saw the woman on the street, "approached her and hugged her". The sentence recounts previous episodes of gender violence, with physical aggression and insults, as confirmed by several witnesses, including the son of the victim. The woman suffered "humiliation, domination and fear" during the time they were a couple. An acquaintance of the couple detailed how he witnessed one of these attacks in his own home, in which "he hit her and she urinated on herself."
Kidnapped and assaulted
The woman was held in her aggressor's house since May 26. There she was locked up against her will until May 28, when seven agents of the National Police showed up, after receiving a call. The man "repeatedly refused" for "almost an hour" to open the door of the house and beat the woman in the presence of the agents, to whom he pulled out "knives" and threatened to kill them.
The man was also accused of a crime of attempted homicide, but the Justice has considered that it was not proven that "he intended to end the life" of the woman at any time, "but rather to intimidate her and make clear at all times his domination and power of disposition" over her.
When the National Police rescued her, the victim had numerous bruises and pain in her ribs. An officer said that when the man finally opened the door, in a state of aggression, "he saw the woman with a disfigured face." In the presence of the Police, "he threw the woman to the ground causing her to hit her head". He needed 15 days to heal from his wounds and had to undergo psychological treatment for anxiety.
Raped in an "atmosphere of terror"
In the initial sentence of the case, the "atmosphere of terror" suffered by the woman is highlighted and it is highlighted that the evidence confirms the "numerous sexual assaults" to which she was subjected during the days she was kidnapped. In addition to the victim's testimony, the expert report points out that "the amount of semen that the woman lodged in her vagina after those hours was the result of a high number of ejaculations inside", without having sat up for a significant period.
The convicted man forced her to "consume pills" such as Tranquimazin". The sexual relations, the Justice points out, were "contrary to the will" of the woman, contrary to what the aggressor alleged. Thus, they were "tolerated only by an inability to react to the situation of fear generated by the aggressive behavior" of the convict, in a "situation of intimidation and quasi-unconsciousness."
JohnR IMHO that is still lenient.
The TSJC increases the sentence that had been handed down by the Provincial Court and stresses that the victim was "humiliated, humiliated, raped" and "physically and psychologically attacked"
The High Court of Justice of the Canary Islands (TSJC) has increased the sentence for a man who was convicted of kidnapping, raping, assaulting, and drugging his ex-partner for two days in Fuerteventura, violating a court restraining order.
The Court sentenced him in January to 18 years and five months in prison, for a crime of habitual abuse (one and a half years), a continuous crime of sexual assault with penetration (10 and a half years), a crime of illegal detention (five years), another of violation of a precautionary measure (nine months) and one more of resistance to authority (eight months).
In a ruling on June 7, the TSJC accepted the victim's appeal and added a crime of domestic abuse, which is punishable by one year in prison, the maximum provided, due to the seriousness of the case and for having been committed in violation of a restraining order.
In addition, the High Court of Justice, in a ruling of which Judge Carla Bellini is the rapporteur, increases the sentence for the continuous crime of sexual assault to 14 years, "given the patent seriousness of the facts suffered by the victim, who was humiliated, humiliated, raped, physically and mentally assaulted, held for almost three days and drugged".
The TSJC adds to justify the harshness of the sentence that the woman was "used" by her aggressor, "in the full sense of the word, without any possibility of defending herself from physical and psychological aggressions, in a situation of confinement, without freedom of movement, as if it were an animal".
With the rest of the crimes and penalties that remain from the initial sentence of the Court, the resolution of the High Court of Justice increases the deprivation of liberty of the convicted person to 22 years and five months in prison.
The Court stresses that the victim was "used" by her aggressor, "without any possibility of defending herself", in a "situation of confinement", as if "it were an animal"
The terrifying Events described in the sentence occurred between May 26 and 28, 2022 in Puerto del Rosario. The aggressor and the victim had been a couple for about eight months. That same month of May, on the 21st, Court Number One of Puerto del Rosario had imposed on the aggressor the prohibition of communicating and approaching his ex-partner within 500 meters.
Despite this restraining order, two days later the man saw the woman on the street, "approached her and hugged her". The sentence recounts previous episodes of gender violence, with physical aggression and insults, as confirmed by several witnesses, including the son of the victim. The woman suffered "humiliation, domination and fear" during the time they were a couple. An acquaintance of the couple detailed how he witnessed one of these attacks in his own home, in which "he hit her and she urinated on herself."
Kidnapped and assaulted
The woman was held in her aggressor's house since May 26. There she was locked up against her will until May 28, when seven agents of the National Police showed up, after receiving a call. The man "repeatedly refused" for "almost an hour" to open the door of the house and beat the woman in the presence of the agents, to whom he pulled out "knives" and threatened to kill them.
The man was also accused of a crime of attempted homicide, but the Justice has considered that it was not proven that "he intended to end the life" of the woman at any time, "but rather to intimidate her and make clear at all times his domination and power of disposition" over her.
When the National Police rescued her, the victim had numerous bruises and pain in her ribs. An officer said that when the man finally opened the door, in a state of aggression, "he saw the woman with a disfigured face." In the presence of the Police, "he threw the woman to the ground causing her to hit her head". He needed 15 days to heal from his wounds and had to undergo psychological treatment for anxiety.
Raped in an "atmosphere of terror"
In the initial sentence of the case, the "atmosphere of terror" suffered by the woman is highlighted and it is highlighted that the evidence confirms the "numerous sexual assaults" to which she was subjected during the days she was kidnapped. In addition to the victim's testimony, the expert report points out that "the amount of semen that the woman lodged in her vagina after those hours was the result of a high number of ejaculations inside", without having sat up for a significant period.
The convicted man forced her to "consume pills" such as Tranquimazin". The sexual relations, the Justice points out, were "contrary to the will" of the woman, contrary to what the aggressor alleged. Thus, they were "tolerated only by an inability to react to the situation of fear generated by the aggressive behavior" of the convict, in a "situation of intimidation and quasi-unconsciousness."
JohnR IMHO that is still lenient.