The Prosecutor’s Office wants a Local Police officer in Marbella to spend 30 years in prison because they say he raped his ex-wife twice in 2021 and 2022. The Public Prosecutor’s Office calls these acts two crimes against sexual freedom in the form of rape. It suggests 15 years for each assault, plus 20 years of supervised release and another 36 years during which the perpetrator cannot talk to or go near the victim’s home, work, or any other place she goes, even if she isn’t there. The request asks for 40 years of specific disqualification from any profession, trade, or activity that involves the accused having regular or direct contact with minors (20 years for each rape).
The prosecutor is asking for a 30-day permanent restraining order and another six-month restraining order, like the last one, for a third offence of harassment. During this time, he will not be able to communicate with anyone. He says that the defendant should pay the victim 5,000 euros for civil culpability. The private prosecution wants the same prison sentence for the accused, but the defence, represented by Javier Muriel, has not said anything about these proposals. According to officials in the court system, a trial date has not yet been scheduled.
The Public Prosecutor’s preliminary findings show that the incidents happened when the accused and the victim were married but lived in separate homes. He lived in Marbella because of his job, while she lived in a different town in the province. The accused drank a lot of alcohol during the relationship, at least up until the events that are being looked at. He would get violent during fights with his wife, slamming furniture and insulting her. The prosecutor says that the victim was so scared of the accused’s violent behaviour since he was a police officer and had a gun that she tried to change her behaviour to prevent it.
From 2021 to 2022
The prosecution says the first incident happened on or around November 12th or 13th, 2021, while the two were in the officer’s bedroom. After they had sex the first time, he “intimidated his wife into continuing to have sex, getting angry and yelling at her when she said no.” The paper says that she let the accused penetrate her vaginally three more times and perform fellatio on him against her will in order to stop him from getting angry and aggressive again.
The prosecution says that months later, on May 2nd, 2022, at her home, the defendant called her a “whore” and a “bitch” and got violent, striking objects in the house. This version says that when he put his service pistol in his wife’s lap, he told her, “If you’re so depressed, shoot yourself.” He says he did it knowing she was depressed. The document goes on to say that “that same day, throughout the afternoon and in this context of outrageously violent, intimidating, and humiliating reaction,” the accused went to her bedroom and, taking advantage of the climate of fear he had created, forced her to let him into the room and to allow herself to be penetrated vaginally in a new sexual relationship that the victim did not want. It then concludes that he did these things “with total disregard” for the sexual freedom enjoyed by his wife, in terms of her ability as a woman to decide whether to have sexual relations with her husband, as well as the content of these relations.
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