The First Division of the Regional Court sentenced a 35-year-old man who raped a 13-year-old minor to ten years and one day in prison in October 2022 in Pamplona. According to the ruling, which can be appealed to the Superior Court of Justice of Navarra, the defendant will not be able to communicate with or approach the minor. Less than 300 meters for ten years In addition, he must commit to another ten years of supervised freedom, to be served after the prison sentence ends.
As a civil liability, he will compensate her in the amount of 60 thousand euros for moral damage. The court also agreed Expulsion from the country From the prisoner When he obtains the third degree or temporary freedom, he is prohibited from returning to Spanish territory for a period of 10 years.
According to proven facts, at approximately 8:00 p.m. On October 17, 2022, the accused found himself on the street with two minors aged 15 and 13 years. They have fled their homes On the same day. After talking for a few minutes using a mobile phone translator, the three headed toward a park area next to the Arga River in the same neighborhood.
There they continued to speak through the translator and in Spanish, which the accused understood. As the sentence was confirmed, the defendant directed the minors to a secluded area of the park, where the 15-year-old girl lay down and appeared to have fallen asleep. So, “Taking advantage of the isolation of the place” The other appeared to be asleep, so he raped the 13-year-old girl. After the sexual assault, as soon as the other girl woke up, the man took the two minors to his home.
At trial, the prosecutor’s office requested ten years’ imprisonment for the crime of sexual assault (rape) of a minor under 16 years of age and three years for the crime of sexual assault (touching) of a minor under 16 years of age. The Special Prosecution increased their requests to 12 and four years, respectively The defense claimed innocence.
The first part of the hearing corroborates the complainant’s statements as the main evidence of the charge. The court does not see any false motive on the part of the victim since… I did not know the accused at all “He does not benefit from complaining.”
According to the various psychological tests conducted by the forensic expert, the complainant’s testimony is classified as: “Highly credible”. In conclusion, the court unanimously praised that the victim “told the truth, with an emotional statement, appeared shy and embarrassed, with attitudes and nuances typical of her age, and showed difficulty and rejection when she had to specify past events that she did not like.”
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