Prison sentence confirmed in Benalmádena beach bar toilet rape case

The TSJA has ratified the sentence of eight and a half years for the accused, who took advantage of the fact that the victim was alone and under the influence of substances to carry out the sexual assault

Irene Quirante

Friday, 26 July 2024, 12:15

The high court of justice of Andalucía (TSJA) has confirmed the eight-and-a-half-year prison sentence handed to a man convicted of sexual assault against a woman in Benalmádena. The defendant is said to have approached the victim when he saw that she was walking alone along the promenade in Benalmádena. He took her to the bathroom of a beach bar, to which he had the key, and raped her, taking advantage of the fact that the woman was under the influence of alcohol and other substances.

The events occurred at around ten o'clock in the morning on 12 June 2022. According to the proven facts presented during the trial, the accused took advantage of the vulnerable situation of the victim to lead her to the bathroom. Once inside, he took off her clothes and used the necessary force to carry out the assault. Despite the resistance of the victim, who struggled to get away from the man, he threw her to the floor and abused her.

The woman, as has been proven, suffered several injuries, both in the genital area and in different parts of her body as a result of the sexual assault and the blows that the accused inflicted on her, as well as her unsuccessful attempt to defend herself.

The man had been convicted in the first instance by the provincial court of Malaga for these offences. Now, the TSJA has agreed and ratified the sentence after rejecting the arguments put forward by the defence in its appeal. Among other reasons, it states, because there were no spurious motives on the part of the victim, who had had no relationship with the accused.

According to the defence's thesis, the relations were consensual, contrary to what was reported by the victim, who was found by the National Police officers to be very upset by what happened, as the magistrates point out. In addition to this, the medical report accredits the numerous injuries she suffered during the sexual assault.

For all these reasons, the Andalusian high court has confirmed the ruling, meaning that the defendant will have to serve eight and a half years in prison, in addition to compensating the woman with 18,000 euros for the moral damages caused, as well as 240 euros for the injuries.

The woman has also been granted a restraining order, which means the defendant cannot come within 500 metres of her for nine years, during which time, he is also prohibited from contacting her by any means.

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