The Supreme Court has rejected the cassation appeal filed by the man sentenced to 16 and a half years in prison for the sexual assault and robbery committed against a worker at the former Xeral Hospital in Vigo in 2013.
The Criminal Chamber concludes that there are no grounds for cassation against the sentence issued by the fifth section of the Provincial Court of Pontevedra, a ruling that had already been confirmed by the Superior Court of Justice of Galicia (TSXG).
The defense of the convicted man argued that his right to effective judicial protection had been violated because the victim's statement during the investigation phase had been used as incriminating evidence, since, for health reasons, the woman could not appear at the oral trial and her testimony was read.
Similarly, the appeal insisted that there was no sufficient or correctly assessed evidentiary basis and accused the TSXG of a supposed lack of motivation in dismissing the appeal.
In a ruling dated June 11, the Supreme Court recalls that it is not admissible for the appellant to seek a new assessment of the evidence "to better suit his personal interest," and supports the TSXG's criterion by endorsing the Audiencia's decision to read the victim's statement, given that her health condition prevented her from attending the trial.
Likewise, the high court emphasizes, in line with the Audiencia and the TSXG, that there was sufficient evidence based on the woman's statement, as no spurious motives were found, she maintained a coherent version throughout the proceedings, and her account was supported by other elements: the testimony of the police officer who questioned her, the medical and forensic reports, the semen traces found in the victim's genital area, and the accused's own admission, who acknowledged having been at the place and time of the events and having had sexual contact with the woman, although he claimed it had been consensual.
Consequently, the Supreme Court concludes that the appellant's allegations lack cassational relevance, as they are limited to reiterating arguments already examined, and highlights that the TSXG responded to the appeal in a "logical, motivated, and reasonable" manner.
SENTENCE OF THE AUDIENCIA
The Provincial Court found it proven that, in the early morning of March 30, 2013, as the victim was leaving her workplace and heading to a bus stop, the accused approached her from behind, covered her mouth, and with his other hand, placed a sharp object against her back while warning her: "if you scream, I'll stab you."
The woman handed over the money she had on her, but the aggressor continued to threaten her with the sharp object, led her to a secluded place, and sexually assaulted her. In addition to penetrating her vaginally on two occasions, he forced her to perform oral sex on him, and when the victim had already dressed, before letting her go, he snatched a gold chain from her and also stole a gold ring and a watch.
The perpetrator was not identified at the time, but he was arrested almost ten years later thanks to DNA obtained from a cigarette butt he had smoked, which was found at the scene of another crime.
The trial was held behind closed doors due to the defendant's violent attitude towards the media present in the courtroom. During the oral hearing, the accused refused to testify, although, in his final statement, he rejected the rape accusation and maintained that the sexual relations had been consensual.