He Superior Court of Justice of Navarre (TSJN) confirmed a conviction of 4 years and 6 months of prison imposed last August by the Provincial court to a man who tried in April 2023 violate to a woman who was in a state of drunkenness In Pamplona.
According to the judgment, subject to appeal before the Supreme CourtTHE Civil and criminal chamber of the TSJN ratified the sanctions set by the First section of the hearing: 4 years and 6 months for an offense of sexual assault in an attempt with the analog dimmer of psychic alteration by drug addiction and a 60 euro fine for minor injury offense.
The accused, of 30 yearsmust compensate with 15,000 euros for him moral damage And 300 euros more for the injuries of the victim, who cannot be approached closer than 300 meters nor communicate with her during 5 years. In addition, you must respect a measure of probation for extra time from others 5 years.
The Court replaced the prison sentence imposed by the expulsion of Spanish territory, because he is a citizen of nationality Algerian it is in an irregular situation. You will not be able to return within five years from the date of his expulsion. As established by the sentencing court, if the replacement of the custodial sentence with expulsion cannot be carried out, the sentence initially imposed will be carried out.
The accused coincided in the afternoon of April 29, 2023 with the victim in Recoletas Square from Pamplona. She decided to go home given her drunken state and how affected she was by ingesting certain substance. The accused offered to accompany him.
When approximately 10 p.m. both were in the Railway Street from the Navarrese capital, next to a dark garden, the man pushed her against the lower part of a large pine tree in which there is a hole and hit her on the temple.
As the court considered proven, he grabbed the woman, pulled her hair and struggled with her. He lowered his pants and he tried to force the victim to do something to him fellatio.
The woman who resisted assaultI told him I was going to call police. These expressions were heard by three young people who were very close to a dogwho approached. In their presence, the accused fled. Informed by them, the agents of Municipal police They appeared on the scene.
The sentence imposed by the First section of the hearing was the subject of an appeal by the defense, who appeared before the TSJN on the one hand absolution and, on the other hand, a sentence of 1 year from prison. He also called for a reduction compensation imposed 15,000 to 10,000 euros.
Amended And drunk, in tears And nervous
In his decision, the Civil and criminal chamber of the Superior Court confirms the resolution in its entirety considering that the testimony of the victim was corroborated by other peripheral evidence.
First of all, by the declaration of forensic doctor at trial, who said the victim was angry about what happened and her condition was consistent with the events she recounted.
Likewise, the Court adds, due to the declarations of the three witnesses facts which, ultimately, were those which prevented, by their presence and their actions, the consummation of the crime of sexual assaultand facilitated the arrest of the perpetrator of the attempt.
Another peripheral information, continues the Court, is “the declaration of the municipal police actors who, in essence, confirmed that the statements of the victim and witnesses at trial coincided with those made to them at the time and place of the events which, by all accounts, they had not witnessed. What they saw was that the victim was amended And drunk, in tears And nervous“.
In short, in view of the evidence in the file and the statements made at trial by the complainantthe accused, the eyewitnesses Taking into account the facts, the police officers involved and the forensic expert, the Court considers that “the commission of the crime is fully accredited”. crime against freedom sexual accused.”
