The Civil and Criminal Chamber of the Superior Court of Justice of Galicia (TSXG) has rejected the appeal presented by a man sentenced to five years in prison for sexually assaulting a friend while she was sleeping, for events that occurred in December 2022. The ruling also maintains the obligation to pay compensation of 10,000 euros for damages.
In his appeal, the convicted man argued that his right to the presumption of innocence had been violated, as he believed that the evidence presented was insufficient and that there had been an erroneous assessment regarding the absence of consent on the part of the complainant.
The man had been convicted in March by the Second Section of the Provincial Court of Ourense, which highlighted that the accused and the victim already knew each other beforehand. According to the proven facts, on the night of the incident, both met outside a nightclub and later went to a friend's house, where they planned to spend the night. The court established that, in the early morning, the accused carried out the sexual assault.
In the resolution now confirmed, the judges emphasize that the complainant's statement is "coherent and persistent" and that it is corroborated "in its essential aspects," while the version offered by the accused "is incompatible with the logical development of the facts."