The owner of a bar, sentenced to six years in prison for a sexual assault committed in his business against a 36-year-old drunken client, will remain in prison after the Criminal and Civil Chamber of the TSJ dismissed the appeal filed against the sentence of Section XI of the Elche Court that found him guilty, and sentencing him to a supervised measure for ten years to be executed once the sentence is served and not to approach the victim within 500 metres of the same.
The events took place in the early morning of May 31st, 2023. Hours earlier, the victim, her father, and some friends had gone to a bar after supper at another location, where they had consumed many glasses of wine and an alcoholic cocktail. She was enjoying a beer with her father when the incident occurred, and he then left. The proprietor and defendant in these proceedings then served her another one without her asking, at a table where she sat with three others. Finally, the young woman was left alone, and the bar closed. At the moment, the young woman was under the influence of alcohol, according to the verdict.
The owner opened the door again and asked her inside. “Taking advantage of the drunkenness she was in, which prevented her from effectively defending herself, and despite her telling him not to do that, the defendant knocked her to the floor and, saying ‘ I have to do it, I have to do it, ‘ he placed himself on top of her, without (the woman) being able to do anything to prevent him, other than putting her hands in front of her, as if trying to push him away,” as well as sexually assaulting her and ejaculating inside He then provided two beers and one to the woman, adding whisky and they both left the premises. He attempted to kiss her, but she declined.
The defence used security camera footage to dispute the victim’s testimony and determine that the evidence was misconstrued, claiming that the young woman was not inebriated. The Supreme Court rejected this claim, citing its own decision from Section XI, which stated that “viewing the recording allows us to corroborate the facts.” We can see that the complainant is not in very good shape, staggering, how she enters with her after closing the door, how the accused disappears from the screen and reappears without trousers (…) Also, as they say farewell, she rejects the accused’s kissing attempts.”
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