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Irene Quirante
Malaga
Wednesday, 22 November 2023, 19:12
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Six years in prison. That is the sentence that the High Court of Justice of Andalucía (TSJA) has set for a man who raped a 15-year-old girl in the toilet of the beach bar where he worked, in La Carihuela, Torremolinos. Despite rejecting the appeal lodged by the defence of the accused, the Andalusian High Court has reduced the sentence imposed by the Provincial Court of Malaga, which was eight years in prison, by applying the law known as the 'only yes is yes' law.
According to the court ruling, the incident happened in August 2018, when the young woman was on holiday with her family in Torremolinos. They were staying near the restaurant, so they frequently went there to eat or rent sun loungers.
One afternoon, the victim was at the beach and went to use the toilet. According to the court papers, the defendant noticed that the girl was alone and sexually assaulted her. The attack happened when the young woman came out of the toilet. The waiter grabbed her by the waist and arm and pushed her into the urinal area, closing the door behind them. According to the judicial document, the man took advantage of the youngster's state of panic to commit the rape.
The TSJA considered that the facts for which he was convicted by the Ninth Section of the Provincial Court of Malaga were duly proven, and has therefore dismissed the appeal lodged by the man's defence. However, it ruled that Law 10/2022 was applicable, and reduced the jail sentence from eight to six years.
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