The Supreme Court (TS) has stated that the inadmissibility of the appeal lodged by a man sentenced to six years in prison by the Seville Court for a crime of sexual assault committed against a woman he raped in a barracks in Seville, a few hours after meeting her and drinking alcohol with her.
In a May 30 ruling reported by Europa Press, the Supreme Court will hear a man's appeal against a ruling by the High Court of Justice of Andalusia (TSJA)confirming the six-year prison sentence imposed on him by the Seville Court for a crime of assault, including fines of 180 euros for a minor crime of wounding and another minor crime of theft and the ban on approaching or communicating with the victim for ten years.
Specifically, the seventh part of the hearing stated that proven «during the early hours of July 10, 2022near the Plaza de Armas shopping centre in Seville, MK met several acquaintances who introduced him to the defendant Mohammed B., an adult with no criminal record, a Moroccan citizen who does not reside legally in Spain.
When they were left alone
«There they drank beer until, at around 7.30 am, when the rest of the group had already left and they were both alone, Mohammed M. suggested that they go for a walk, walking together to the Avenue of Discoveries where, near Torre Sevilla -Talso known as Torre Pelli-, There is an open field surrounded by a fallen fence which they crossed, heading towards the site of several huts,” the story of proven facts continues.
«When we got there, Mohammed grabbed M. by the arms, took her to one of the barracks and He threw her on a mattress and undressed her. despite the fact that she resisted by struggling, the defendant hit her in the face and hit her head against the wall. The defendant ignored M.'s resistance, dropped his pants and penetrated her vaginally, trying to do the same anally without success,” the initial sentencing sentence adds.
“Subsequently, and without any evidence that he used violence, Mohammed confiscated a silver ring and a watch (both worth 50 euros) and 50 euros in cash that M had with him.“Finally, Mr. Mohammed pushed under pressure and managed to leave the hut, helped by several people who alerted the police,” concludes the account of proven facts.
After being convicted by the Court of Seville, the suspect appealed to the TSJA, which rejected his appeal and confirmed the sentences imposed by the provincial body, the court stating that the initial conviction “was fundamentally based on the statement of complainant MKalthough the testimonies of CG, of several National Police officers who appeared at the scene and the documentary and forensic medical expertise carried out were also taken into account as peripheral corroborations.
After the defendant's defense claimed that there was a consensual sexual relationship, the TSJA stated that “there is no doubt that the complainant voluntarily went with the defendant to the place where he took her, a open field with shanties«; YesWell, “the fact that the said location was far away from the place where they met and where they drank beer with other people does not allow us to claim that they had sexual relations, while other possibilities were possible, such as that they intended to have sexual relations.” rest.”
“The suspect has not provided a satisfactory explanation for the presence of the injuries that M had. in various parts of his body, nor that his clothes were torn.”added the Andalusian Supreme Court in confirming the verdict.
Now that the suspect has appealed to the Supreme Court against the TSJA's decision to confirm his sentence, the said body has decided that there is no room for allowing the appeal, because “appellant limits himself to repeating the content of the challenge developed in the appeal” for the TSJA, which has given “a logical, reasoned and reasonable answer” to the case; whereby “the question has no relevance in cassation, to the extent that it does not put forward or puts forward arguments that differ from those previously put forward.”