Sentenced in Almería to more than 29 years in prison for mistreatment and sexual assault “of a particularly humiliating level”


The Superior Court of Justice of Andalusia (TSJA) has ratified the sentence of 29 years and four months in prison for a man accused of mistreating and sexually assaulting his partner for three years in which he constantly hit her within the framework of ” control” that he exercised over her, which he subjected on one occasion to a “particularly humiliating level” by putting out lit cigarette butts on her genitals and introducing salt and hot peppers. The sentence rejects the appeal filed by the defense and confirms the original resolution that imposes on the man 14 and 10 years in prison for two crimes of sexual assault, two years for a crime of habitual abuse, two years and six months in prison more for another of aggravated injuries, and ten more months for another of injuries, in addition to another 50 years of separation from the woman, whom he must compensate with 60,600 euros for the injuries and damages suffered. The Court notes the abuse “repeatedly suffered” by the woman and the sexual assaults suffered, “especially the last one, of a particularly humiliating level” in which the aforementioned elements were used and which was perpetrated on the eve of the day in which that the victim “finally decided to reveal the situation he was suffering from.” The accused lived for three years with the victim and her three minor children, so during the relationship he dedicated himself to “controlling” the woman’s calls and outings, whom he insulted and belittled if she did not answer him on the phone. . During this time, the man hit the woman “on numerous occasions” in the face, whom he also, after “any type of argument”, threw headlong against the bedroom wall, since this was the place where the woman went. He directed and sometimes locked her up to carry out his attacks. The man told the children that when he “talked” in the bedroom with his mother not to enter. THREATS WITH KNIVES The sentence recounts several episodes of serious threats and attacks on the woman, to whom on two occasions she even put a knife to her neck; one of them while he grabbed her by the hair after an argument due to “jealousy”, and a second, in July 2020, in which, when the woman tried to escape from the bedroom, she told him that “she couldn’t leave if he didn’t give her permission.” permission” with which he “hit her again” and then raped her. The judicial resolution shows how the convicted man tried to intimidate the victim not only with blows but also by telling her that he was going to end her life or that if she told anything about what happened to the Civil Guard or left him “he would kill them or their children and set fire to his parents’ farm.” During the trial, the assault to which he subjected the woman in November 2020, also in the bedroom, was also demonstrated, when after lying her on the bed and undressing her, he introduced hot peppers and salt into her vagina while he was smoking and later put it out. several cigarette butts “still lit” on the woman’s sex, which caused her several injuries for which she was disabled for two weeks. The next morning after this episode, for which the woman had to receive medical attention, the man once again attacked the woman’s physical integrity, hitting her to make her tell him “who she was with” since, of course, Otherwise, “that day he was going to find out.” The court considered the victim’s testimony as “credible and convincing”, which was supported by medical reports of assistance and by the forensic medical report, which reported on the cigarette burns and the discovery of “an intravaginal foreign body of green” that was “compatible with the introduction of peppers inside the vagina. Although the toxicological analysis did not reveal the active ingredient of the hot pepper in the sample extracted, the court emphasizes that “this does not prevent the accused from having used other types of peppers” in accordance with the version given by the victim, about which he also There are reports assessing gender violence issued by both a forensic doctor and a forensic psychologist, which underpin their credibility. PHOTOGRAPHS WITH A NEIGHBOR Contrary to their version, the defense tried to divert attention towards an alleged neighbor of the couple, to whom they attribute the attacks, by providing some photographs in which he and the woman appear naked and “with disturbed and self-conscious expressions.” Given this, they point out the victim’s “not implausible” explanation of said photographs, in which he explains that the accused “in one of his violent actions, forced them to pose in that way.” The Andalusian high court thus highlights that the woman “has maintained her incriminating version in a stable manner and with sufficient coherence, without contradictions that could lead to clouding her credibility” in the face of the search for “gaps and deficiencies” by the defense of the accused. such as the fact that no DNA was found in the victim’s sample collection when “the truth is that the technicians who issued the report did not have an unambiguous biological sample” from the aggressor. Telephone 016 is the information and legal advice number for victims of sexist violence and their environment. It works 24 hours a day, serves in 52 languages, is free and leaves no trace on the telephone bill, although it may be registered on certain terminals and must be deleted. The service also responds through email [email protected] and provides attention through WhatsApp at 600000016.

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