The Provincial Court of Lugo held this Thursday the trial against a man accused of sexually assaulting a friend in October 2024 in Burela, for which 12 years in prison are now being sought. The Public Prosecutor’s Office modified its statement of charges just before the hearing began and reduced the initial request of 14 years, taking into account that the accused was in Spain in an irregular administrative situation. The private prosecution, for its part, requests compensation of 15,000 euros for the woman, 5,000 euros more than the prosecutor is seeking.
The events took place on October 28, 2024, when, according to the Public Ministry, the complainant had told the defendant—whom she had been in an exclusively sexual relationship with for approximately a month and a half—that she wanted to end those encounters because she had started another relationship. Both agreed to meet to say goodbye, but she expressly made it clear that she did not want to have sexual relations at that meeting.
According to the woman’s testimony, after picking him up in Burela they went to Monte Castelo, a place they used to visit frequently. There, the man began kissing her and trying to undress her, despite her repeated refusals. She states that he forcibly took her out of the car, immobilized her, and managed to lower her pants to penetrate her anally without her consent and without a condom. According to her statement, the accused later told her that he had ejaculated outside.
In her appearance before the court, the victim said that they had had about twelve prior sexual encounters and that they had never had conflicts, which is why "she trusted him and was not afraid." She insisted that on that day she did not want to have sexual relations and that she had reiterated it to him by phone on several occasions before going to the meeting. However, she explained that, once they were at the mountain, he began touching her and, despite her asking him to stop, he ended up forcing her to have relations via anal penetration.
The woman reported that she entered a state of shock and that she was unable to react normally to prevent the assault from being carried out. After what happened, she returned to the home where she lives with her parents and her daughter, initially without telling them what had occurred. Later, she had conversations by WhatsApp with the accused in which, as she has stated, he even came to ask her for forgiveness, although in the messages he also maintained that he had not forced her. The complainant later deleted those chats, “out of anger and shame.”
It was after discussing what had happened with a friend that she made the decision to go to the authorities. Following her advice, she called the 116 phone number, from where she was referred to the hospital and to the Guardia Civil. During the trial, the woman denied that the breakup was due to the fact that she was getting to know another person and explained that this argument was used only to justify to him the end of the relationship.
At the hearing, the forensic doctor who examined her at the hospital and was in charge of collecting samples also testified. The specialist noted that the woman showed no external signs of violence and that she was calm during the examination. However, he emphasized that her account was coherent and without elements that were implausible.
The expert recalled that a sexual assault can occur without leaving visible physical injuries and that a state of shock or blockage, such as the one described by the complainant, can explain the absence of a defensive reaction. He also confirmed that the tests carried out yielded a negative result and that no traces of semen were found. In this regard, he specified that about 15 hours had passed since the events and that the woman went to the hospital after having washed herself, a circumstance that “significantly limits” the possible findings in the biological samples.
The defense attorney challenged several aspects of the accusation, focusing on the absence of injuries, abrasions, or biological material from the defendant. She also expressed her incomprehension regarding the fact that the woman had showered before going to the hospital and filing the complaint, as well as regarding the lack of physical resistance during the alleged assault, in which she would not have tried to flee. Likewise, she cast doubt on whether she deleted the telephone messages exchanged after what had happened.
During the trial, the two Civil Guards who instructed the proceedings also testified, confirming that the victim’s statements during the investigation matched those she made at first. As for the accused, they stated that he always maintained that the sexual relations were consensual.
As of October 30, 2024, the processed person was subject to a restraining order against the victim issued by the Court of First Instance and Instruction No. 2 of Viveiro as a precautionary measure. This prohibition prevents him from approaching within less than 200 meters of the woman, her home, her place of work, or other places she frequents, as well as from communicating with her by any means.
In its current brief, the Prosecutor’s Office describes the facts as a sexual assault offense and seeks 12 years in prison, in addition to the prohibition of approaching and communicating with the victim for another seven years, the imposition of five years of supervised freedom, and special disqualification for activities that involve regular contact with minors. It also requests his expulsion from Spanish territory once the sentence has been served, as he is in an irregular situation in Spain.