The Alicante court sentenced a man to 11 years and one day in prison for raping a woman with an intellectual disability in 2020aware of this circumstance, after having both made an appointment via WhatsApp.
According to the sentence, the defendant and the victim met around 1 p.m. on March 5, 2020 and spent the afternoon together until, around half past midnight, while in a field near one of Benidorm’s tram stops, they began kissing in a way that was consensual for both of them.
However, the court considers that it has been proven that, from then on, the accused acted guided by a libidinous spirit and, knowing the disability from which the woman suffered, took advantage of this situation and the particular vulnerability she presented to rape her. The victim He said he didn’t want to have a relationshipuntil she was paralyzed and in shock.
The woman stayed with him all night. At dawn, he took advantage of the fact that the accused was sleeping to go out and return to the center where he lived, where he recounted what had happened.
The court grants any credibility to the woman’s testimonydespite the absence of witnesses to the events, saying his account was persistent from the moment he told what happened to staff at the center where he lived.
The Alicante court considers the accused perpetrator of rape committed knowingly particular vulnerability of the victimfor which he was sentenced to 11 years and one day in prison. In addition to an additional 10 years of probation and a restraining order from a minimum distance of 500 meters for an additional 15 years.
He is also sentenced to a three-month fine with daily compensation of 6 euros, as well as the payment of compensation of 280 euros for the damage caused to the victim and 10,000 euros for the moral damage caused. The decision can be appealed to the High Court of Justice of the Community (TSJCV).
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