The Superior Court of Justice of Andalusia (TSJA) has confirmed the sentence of seven and a half years in prison imposed by the Third Section of the Provincial Court of Córdoba on a man for sexually assaulting with penetration a woman who was in a state of intoxication in the home of a friend.
The decision of the Andalusian High Court rejects the appeal filed by the defense of the convicted man and fully upholds the ruling issued by the Córdoba Court, although an appeal for cassation may still be lodged against this decision.
The court considers it proven that the events occurred in Córdoba between the night of September 6 and the early morning of September 7, 2019. After meeting in a pub in the capital, the victim "began to feel unwell," so she was accompanied by another person "to the establishment's restrooms, where she vomited, her condition worsening to the point of not being able to remain upright," which led to her being taken outside the premises.
"Once outside and after the latter refused to let friends call an ambulance for fear of her parents' reaction, they decided to take her to the home" of one of the friends. Once at the house, after putting the young woman "in the bathtub and wetting her to try to revive her, they took her to one of the bedrooms of the apartment, removing her wet clothes" and leaving her "lying on the bed" so she could rest.
According to the judgment, the accused then entered the room, "undressing and getting into the bed where she was lying, penetrating her with his penis anally, orally, and vaginally, while holding her to force her, even though she tried to push him away, although she did not succeed due to the state of confusion and disorientation she continued to suffer because of her intoxication," even "ejaculating in her vagina."
As a consequence of the assault, the woman presented "three scratch-type erosions in the right scapular region, slight transverse ecchymosis on the back of the right arm, superficial filiform erosion in the right axillary region and a small epidermal fissure-type solution of continuity located on the external edge at six o'clock and a few millimeters in the anal region, injuries that required for their healing an initial medical assistance, having suffered five days of basic personal harm, without any day of temporary loss of quality of life."
In addition to the prison sentence, the defendant is imposed a restraining order of 500 meters and a prohibition of communication with the victim for nine years, as well as the measure of supervised release, which will be served after the prison sentence, for a period of seven years. He must also pay compensation of 200 euros for physical injuries and 7,800 euros for moral damages caused. In the same ruling, the TSJA confirms the acquittal of the accused regarding another crime attributed to him concerning one of the companions.