June 20th, 2024 | 9:39

Bizkaia

Jail for a man from Barakalda for penetrating a sleeping colleague after going out partying

Jesus Carames

May 16, 2024 | 3:57 p.m.

The Superior Court of Justice of the Basque Country has ratified the sentence of four years in prison, five years of supervised release, nine years of disqualification from working with minors and compensation of 8.000 euros to a 27-year-old resident of Barakaldo for sexual abuse.

The facts: sexual abuse in a state of defenselessness

The incident occurred on the night of October 22, 2021. The convicted man and his fellow student, along with other friends, went out partying in Bilbao. After several hours at a nightclub, the young woman felt dizzy due to alcohol consumption and the young man offered to accompany her home. The woman, completely unwell, fell asleep in her bed, a moment that the man took advantage of to penetrate her vaginally on two occasions.

Research and testing

The defendant questioned the victim's credibility regarding the lack of consent. However, there is a WhatsApp conversation in which he asks the girl "if she was taking care of herself", referring to the fact that she had had sexual relations without a condom. The young woman responded: "I need you to clarify what happened last night because the truth is I don't remember anything and I can't stop thinking about it because I woke up with my clothes on and not knowing what had happened."

The witnesses denied the accused on several key points, such as the claim that the woman offered him to sleep at her house or that they 'made out' during the party. Furthermore, the court considers it uncertain that both agreed to keep sexual relations secret, an allegation by the convicted person that is considered contradictory according to the sentence.

The sentence: details of the sentence

The Superior Court of Justice of the Basque Country has confirmed the initial sentence, detailing the following penalties:

  • Four years in prison for sexual abuse, with the accessory of special disqualification for the exercise of the right to passive suffrage during the time of the sentence.
  • Nine years of special disqualification for any profession, trade or activities, whether paid or not, that involve regular and direct contact with minors.
  • Five years of probation, which will be executed after serving the custodial sentence.
  • Compensation of 8.000 euros to the victim.
  • Payment of procedural costs.

Implications and legal context

The ratification of this conviction underlines the commitment of the judicial system to the protection of victims of sexual abuse and the application of exemplary sentences to the aggressors. This case also highlights the importance of evidence and testimony that refutes the defendants' allegations, as well as the relevance of digital communications as evidence.

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