The Seville court sentenced six years in prison for a man for raping a young woman with whom he had consensual sex, until he began using force “to impose his sexual preferences”; after which … The sexual contact was “resumed without resistance from the victim, even though her consent was already tainted by the blockage and the fear she must have felt, because all she wanted was for it to stop as quickly as possible.”
More precisely, this judgment of the seventh section of the Court of Seville, rendered on October 17 and subject to appeal before the Superior Court of Justice of Andalusia; specifies that the events occurred on the morning of August 3, 2023, after the victim and the accused, identified as Mark AMC and originally from Guatemala, They would have shared an evening over drinks with more friends or acquaintances.
At the end of the night, the victim of the events, according to the sentence, offered to accompany the accused to his home and once there, “while they were both in Mark’s room, they sat on the bed and began to kiss and had consensual” and complete sexual relations; after which the accused attempted other types of sexual practices “despite the fact that she told him she didn’t want it.”
According to the account of the proven facts, although the victim “was surprised, she immediately changed her position to avoid him and thought that perhaps there had been a failure in communication between the two, downplaying the importance because she wanted to continue having fun with the accused”, since both then fell asleep and When they awoke, they continued their fully consensual sexual relations.
With recourse to violence
It was in this new phase of consensual sexual relations, according to the judicial account, that at one point the accused “penetrated her vaginally again, but this time more abruptly, because it hurt very much”; moment when The accused “forcefully” grabbed the young woman by the neck, breasts and hair, “in order to impose his sexual preferences”.
Considering this, The young woman “insisted on several occasions that the accused stop and when he did not do so, she tried to push him”. with his hands, with his body and with his legs to free him, but he could not do so either, and the accused gripped his hands firmly to prevent the penetration from stopping.
And the accused momentarily interrupted his attacks, but following a phone call from his mother, with whom he had had a conversation.
At that time, the sentence specifies that, while the victim was already “completely blocked, nervous and with a blank mind, when Mark returned a few moments after the call, he told her that he had to finish it as soon as possible because he was in a hurry since he had arranged an appointment with his mother, and he penetrated her vaginally again with the same abruptness. without putting up any resistance, because she no longer had the strength to want this to end as quickly as possible.
The sentence also states that there is evidence that after showering, the accused accompanied the victim to the door of her house and she left, then going on a date with a friend who had been her partner some time before, who “was very surprised to see her”.r the various bruises he had on his neck”Furthermore, at the Macarena Hospital, she was treated for injuries consisting of contusions or contusions, without any injuries being detected on her genitals.
The Court’s judgment indicates the marks that the victim had on his neck due to the “intensity” with which the accused grabbed him.
According to the seventh section of the court, even if, after using force, the accused resumed sexual relations “without resistance on the part of the victim, consent to what The last moment he could allow himself was already tainted by the blockage and the fear he must have felt.“Because, as the coroner pointed out, to leave marks like the ones the victim had on her neck, you need an intensity of seven or eight out of ten and as she said herself, the only thing she wanted was for it to stop as quickly as possible.”
To this end, the Court sets out national and even international jurisprudence on the “need to renew consent” in sexual relations, because “when the sexual act displayed exceeds or deviates from what is consented, there is sexual assault”.
In this case, the court sentences Mark AMC to six years in prison for crime of sexual assault with carnal access and use of violence and intimidation; as well as a fine of 360 euros for a minor offense of injury and the obligation to compensate the victim in the amount of 7,558 euros; in this sentence subject to appeal before the TSJA.
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