The Second Section of the Audiencia de Navarra has sentenced to 2 years in prison a defendant who sexually assaulted a 17-year-old girl in the Imárcoain Transport City.
According to the sentence, issued in accordance with an agreement between the prosecutor, the private prosecution and the defense, the defendant, a 28-year-old native of Morocco, will compensate the victim with 10,000 euros. Entry into prison has been suspended on the condition that the accused does not commit another crime within a period of 3 years.
In determining the sentence, the defendant has been estimated the Highly Skilled Damage Repair Mitigatorfor having made “a significant effort” to consign, prior to the trial, the aforementioned amount.
In the agreement reached between the parties, the mitigating factor of undue delaysince the judicial procedure suffered “moments of paralysis not attributable to the accused”.
Prior to trial, the prosecutor requested a sentence of 8 years in prison for a crime of sexual assault with carnal access.
Around 8:00 p.m. on December 14, 2018, as is considered proven in the sentence, the young woman was left at the Pamplona bus station with a childhood friend. She went to the place with her boyfriend, whom she had met on the Internet, and a friend of his, the accused, AB, who had parked her truck in the Transportation City.
The four went to dinner at a pizza place and, after buying a bottle of gin, they went in the groom’s car until Imarcoainto the truck, where they were drinking until 3 o’clock.
The complainant asked her friend’s boyfriend to take her back home, but he replied that he could not drive until the effect of the alcohol wore off.
For this reason, two beds were deployed as bunks in the cabin of the truck. The boyfriends lay down on the bottom one, and the victim on the top one. At one point, when she was already asleep, the defendant got into bed with her and began to grope her and kiss her in the face of the young woman’s refusalwho reiterated his opposition and urged him to cease his attitude.
However, according to the sentence, the convicted forced the complainant to perform two acts of a sexual nature “against her will”. Finally, the woman managed to get away from her and started screaming, so her friend and her boyfriend got up and took her back to her house.
The conformity sentence also establishes that the defendant may not communicate or approach the victim within 300 meters for two years, the TSJN has reported in a note.