The Superior Court of Justice of Andalusia (TSJA) confirmed the sentence of 13 years in prison imposed by the Malaga court on a man for abuse usual to your romantic partnerwith “degrading and humiliating” treatment, and for having raped her one day like “punishment”, as he told her, for talking to a neighbor. Thus, the appeal presented by the defense is rejected.
As proven by the judgment of the Chamber of Málaga and the resolution of the Superior Court of Andalusia, at the time of the facts, the accused and the victim were couple three years and they had a minor child in common, living together for two years in Malaga.
Concretely, the defendant during his coexistence with the woman, “with obvious contempt for his partner and with the intention of attacking the physical integrity and the psychological nature of it, made him the object of degrading behavior and vexatious, and regularly, he slapped him, kicked him, punched him”; in addition to telling him humiliating expressions and insults.
According to the Malaga resolution, now confirmed by the TSJA, the insults and physical attacks against women increase from May 2022 until the beginning of October” of the same year, period during which the accused “He attacked him several timesSpecifically, in some of them he kicked and punched her.
The sentence says that one day threw a shoe at the head that he hit him and that another threw objects at him scissors to the face, which he dodged, although it hit him in the left arm; Furthermore, on different occasions, during an argument, he scratched the right side of her face or slapped her, causing her pain. hematoma in one eye.
Later, in September 2022, “in the same context of violence” and also with the “aforementioned intention of attacking the physical integrity” of the woman, he gave the victim “numerous leg kicks as well as punches all over his body, leaving various marks on his back”; attacks which caused various injuries.
According to the judgment, at the beginning of October 2022, on an unspecified day, the defendant was at the family home with the woman and “reprimanded her for being in the street”. chat with a neighbor. Thus, he brandished a knife and sexually assaulted her, while “he harassed her, punched her in the back every time she “he complained of pain”. When he stopped, the Court notes, he told him: “That was the first punishment for stopping with this Moor, the second punishment is shave your hair.”
For these facts, he was sentenced for the offense of sexual assault to 12 years in prison and seven years of supervised release; and for habitual abuse to a one-year prison sentence and deprivation of weapons for three years. Likewise, he was imposed a total of prohibition to approach or communicate with the victim for a period of 15 years and payment of a compensation of 4,000 euros.
The defendant’s defense appealed this decision for several reasons, which the TSJA rejects, finding that “it cannot be maintained that the contested sentence was violated the right of the accused to the presumption of innocence, since the void of proof that the defense denounces does not exist. » On the contrary, he adds, during the trial “unequivocal proof was produced incriminating character.
The High Court of Andalusia recalls that although the accused denied habitually mistreating and sexually assaulting the woman, alleging that everything she had said “it’s an invention”; At the trial, the plaintiff insisted on the story she had maintained since the start of the procedure, with “force, plausibility and reiteration, without observing any fallacious motivations”. Furthermore, it ratifies what was considered by the Chamber of Malaga according to which there is “adjacent confirmations”, such as the photographs she provided and the witness statements.
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