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The court has taken into account a subsequent WhatsApp in which the man admitted that “he left”
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He will be on probation for twelve years and for seven he will not be able to approach or communicate with the victim
The Court of Girona has condemned nine and a half years in prison already twelve probation to a young man for raping a friend when they came back from partying Sant Guixols (Baix Emporda). The events occurred on April 20, 2019. The aggressor and the victim, aged 19 and 18 at the time, had a “relationship of friendship and close trust for years.” That night they went out to party in Platja d’Aro and, as on other occasions, the girl slept at her friend’s house. However, and according to the sentence, when they arrived at the flat at dawn, the young man tried sexually assault her, but “didn’t get it”. Later, around 10:00 in the morning, the man immobilized her by holding her by her arms and raped her “despite the struggle that the young woman deployed to avoid it”. The ruling emphasizes that the man “did not take into account the constant negatives” of the woman.
The court has convicted the man of two crimes of sexual assault, one of them attempted. The defendant may not approach the victim within 150 meters or communicate with her for seven years. In terms of civil liability, the court sets a compensation of 15,350 euros for moral damages. The sentence also includes the injuries suffered by the young woman and that, according to the experts, are compatible with the facts described.
According to the sentence, upon reaching the apartment, the young woman went to the guest room, while the boy occupied his. “A while later, the accused, moved by the spirit of satisfying his sexual instinctsentered the room where the victim was in his underpants, stretched out next to her and began to kiss her neck and touch her, “records the ruling. The victim urged him “repeatedly” to stop and made it clear that he did not want to have sex The man ignored her, took off her clothes and pinned her face down.
In this first attempt, the man failed to rape the young woman. But he continued to lie next to her until around 10:00 an alarm woke him up. He acted then, according to the court, with more aggressiveness. He immobilized the young woman again, bit her neck and raped her, “overcoming the resistance” of the victim.
illogical version
The court maintains that the defendant’s version, which argued that the relations had been consensual, is not “reasonable”. At the hearing, the man said the girl made up the rape to get her parents’ attention. “It does not seem reasonable for someone to support an accusation of this magnitude with the sole objective of obtaining more prominence among their relatives if, thereby, harming a good friend in all vital areas.”
On the other hand, the court considers that the victim’s account is “clear, logical, coherent, persistent and sincere”. “She has not avoided any question, even being able to observe the difficulty and pain involved in recounting the events, which she did nervously, between tears and with an evident state of anxiety.”
incriminating whatsapp
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The judges have taken into account that the victim’s story is supported “clearly and emphatically” by other evidence. When she managed to get out of the apartment, the girl asked a friend of hers for help, who picked her up. He has stated that he found her “crying and very overwhelmed”.
The Court has also collected a WhatsApp conversation between this friend of the victim and the defendant. In this, the accused apologizes and affirms that he “went away”. “The court can only conclude that (the conversation) evidences the reality of the narrated facts.” “The lack of a consistent explanation for the conversation in which he acknowledges that he had no right to do what he did and that he was sexually disinhibited in the face of the sexual attraction he felt for her leaves little room for interpretation and clearly corroborates the story of the victim”, conclude the judges.