He Superior Court of Justice of Andalusia (TSJA) confirmed the sentence of the Cádiz court which condemns seven and a half years in prison always immigrant housed in a shelter Cadiz for sexual assault 14 year old girl at dawn and on public roads. THE minorwho managed to escape and call for help, suffers from recurring nightmares and anxiety attacks.
The events took place on August 10, 2022, around 2:30 a.m. According to the judgment to which this newspaper had access, The accused, Abdelouahid E.was accompanied by another unidentified individual in the Gardens of the Five Continents from the capital Cádiz, where the victim was also located, who was alone because she had argued with her friends.
According to the account of proven facts, Abdelouahid and his companion approached the young girl with “the intention of satisfying her sexual desires” and They grabbed her by the neck “aggressively”, throwing his face against the ground. Once in this position, while the unidentified individual held her arms, Abdelouahid stood over her and he tore off his shirthe touched her breasts and, immediately afterwards, her genitals. Also he pulled down his pants and he put his hand under her underwear, touching her genitals “repeatedly.”
The victim, who started screaming ask for helphe first moved away from the passenger, then, after struggling with Abdelouahid and kicking him several times, he also managed to escape from this, collect the cell phone that fell on the ground and flee the scene.
OKDIARIO Andalucía tried in different ways to find out the nationality of the accused (of foreign origin, of legal age, without criminal record and legally residing in Spain), without success.
Following these events, the victim suffered from various injuries (erosions of both shoulder blades and hematomas of the right thigh and left hip) and was treated in a medical center, without needing treatment. Currently suffering nightmares recurrent and anxiety attacks which generated a disturbance for post-traumatic stressaccording to the judgment.
The minor’s legal representative, her mother, waived any compensation.
The Cádiz court sentenced Abdelouahid to seven and a half years in prison for a crime of sexual assault in a minor under 16 years of age (in the aggravated subtypes of resort to violence or intimidation and commission of acts by the joint action of two or more people) and a fine of 300 euros for a minor injury offense. In addition, he was prohibited from approaching within 200 meters of the victim and communicating with her for 10 years and to be excluded from any profession, trade or activity involving regular and direct contact with minors for a duration of 12 and a half years. .
Leaks in hostels
The accused presented a call before the TSJA, calling into question the victim’s testimony, alleging that the minor did not have “sufficient vision” of the perpetrator of the attack and that on the morning of the facts she spent the night in a municipal inn for immigrants.
In this sense, he maintained that the manager of the center testified that the accused was housed there from August 7 to 16, 2022, that in accordance with hostel rules There is a written record when none of the users showed up to spend the night and in the early morning of the 10th to the 11th of said month, there was no record indicating that Abdelouahid was absent from the center.
The appeal was completely rejected by the TSJA, which emphasizes that the sentence appealed already indicated that “there is no fallacious motive of any kind” in the victim’s story, which is “plausible, consistent and persistent”and which is also supported by the expert report delivered by psychologists.
Concerning the possibility that the victim made an error in identifying the sexual attacker, it is indicated that the minor was able to observe the face of the individual when he placed himself above her and her tore off the shirt, and even I recognized him on the public highway just two days from the events, without risk of being publicized or influenced by prior exposure
police photographs, since he had not yet wished to file a complaint.
When he decided to do it, identified his attacker “with determination” before a plural exhibition of photographs at the police station, to then reiterate the same thing, “without a doubt”, before the investigating court first, then during the oral trial.
Furthermore, regarding the control of the hostel regarding possible nocturnal absences of its users, the center manager admitted that sometimes escapades during the night, either through a balcony at street level or through the window of one of the bathrooms.
For all this, the TSJA confirmed the resolution of the first section of the Provincial Court of Cádiz, rendered on March 18, 2024, automatically declaring the costs of this second instance. An appeal can be made against the conviction to the Criminal Chamber of the Supreme Court.
