Malaga province bar owner convicted of raping unconscious young woman

The provincial court of Malaga has sentenced a 61-year-old man for sexually assaulting a young woman after she lost consciousness at the bar he managed, back in 2024.

According to the ruling, the defendant took advantage of the fact that the victim's will was impaired by the consumption of alcohol and other substances to sexually violate her.

The events date back to the early morning of 27 January 2024. According to the ruling, the young woman and a friend of hers went to the defendant's bar at 10pm on 26 January.

She consumed several alcoholic drinks and, at around 3am, began to feel unwell, so much so that she vomited in the bathroom.

According to the account of proven facts, the defendant told the young woman's companion that he would take care of her, so the friend left, trusting that she would be in safe hands. The victim had previously told him that the bar owner was the father of an acquaintance.

The defendant then closed the premises and placed several cushions on the floor for the victim to lie down on. Taking advantage of the fact that they were alone and that she was unable to react, he sexually assaulted her. The victim could not do anything to prevent that.

When the young woman began to recover, she asked the defendant to let her leave. The following day, she went to the emergency room at the Materno Infantil hospital, where the staff activated the corresponding protocol after verifying that her injuries were consistent with sexual assault.

This led to the defendant's arrest. He has been in pretrial detention since 30 January 2024.

The defendant himself admitted in court that he had subjected the victim "to a series of undeniable sexual acts, taking advantage of the fact that she was practically unconscious, incapable of either consenting to or opposing such acts".

He also admitted that, given the victim's condition, she was completely immobile, "as if she had fainted". The man attempted to justify his actions by claiming that he had been drinking during his workday and had "lost control".

In addition to the physical injuries, the young woman underwent a mental health treatment. The events left her with a post-traumatic stress disorder and post-traumatic pain.

The court sentenced the assailant to eight years in prison. It did not consider the mitigating circumstance of confession, since the defendant made a confession during the trial, but not during the investigation.

The court also did not consider the mitigating circumstance of intoxication, as it was not proven that he was unaware of his actions.

The court also barred him from standing for public office for the duration of his prison sentence. It imposed a 500-metre restraining order, preventing him from approaching the victim, her home, workplace or any other place where she may be present. He must also not contact her by any means for ten years.

In addition, the court ordered him to pay the victim 10,040 euros in compensation for her physical injuries and lasting effects, 20,000 euros for the psychological harm she suffered and half of the legal costs.

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