The Provincial Court of Palma

The magistrates of the second section of the Provincial Court have sentenced a 31-year-old man to a sentence of eight years in prison for the sexual assault of a woman in Sant Antoni in February 2019.

In addition, he will not be able to approach the woman for a radius of 300 meters for the duration of the sentence.

Initially, the Ibiza Prosecutor’s Office claimed a sentence of ten years in prison. Regarding civil liability, the public prosecutor requested 10,000 euros for non-pecuniary damage and 250 for the injuries suffered, but in the trial the woman waived any type of compensation. This conviction can be appealed before the Superior Court of Justice of the Balearic Islands (TSJB).

Consent Withdrawn

The crime for which the man is convicted relates to events that transpired at around 5 a.m. on February 16, 2019, in a bar in Sant Antoni. The convicted man met the girl which he later raped.

The court heard that the victim and the accused started a conversation, began to dance and kiss and, by mutual agreement, decided to go to her house.

Once there, in the living room of her home, the convicted man and the woman “began to have complete intimate relationships with vaginal penetration without a condom, all with her consent.”

However, the Judges heard testimony that at one point the defendant began to get aggressive. The woman tried to push him away from her, but he reacted by pushing her against a glass table, which shattered, and continued their sexual intercourse by “hitting [the woman] on her buttocks with his hands and slapping her face.” The prosecution presented testimony that he pulled her hair, spat at her, and threw verbal insults including “You fucking bitch.”

The woman appealed to the man to stop, telling him that he was hurting her, but to no avail. “When she told him to stop, telling him that it hurt her, he did not stop, and he said that it did not hurt him, that it was his way of fucking, and that she had to like it”.

“Faced with a situation of fear, due to what might happen to her, she consented to go to the bedroom, and there he turned her around and penetrated her anally several times, hurting her and without stopping, despite her asking him to.” The woman suffered injuries to the buttocks and a contusion on the front of the right knee , which is why the rapist has also been convicted of a crime of minor injuries for which he will have to pay a fine of two months at the rate of ten euros per day, that is, 600 euros.

Defendant Claims Diminished Responsibility Due to Taking Drugs

At the woman’s home, the rapist consumed alcohol and took cocaine “to keep up his endurance”, something the defence presented as mitigating circumstances in that the drugs diminished his ability to take rational decisions. The judges immediately rejected the defence argument of diminished responsibility.

At trial, the victim claimed that after he threw her against the table, she was afraid, felt coerced and did not know how aggressive the accused could be, so she did what he asked.

The defendant admitted anal, vaginal and oral sexual relations, but insisted that they were consensual, first on the sofa and then in the bedroom. He also said that he did not push her on a table but that she, “drunk”, fell on the glass. Judges said that “in the trial it was not proven at all that she was drunk.” The defendant denied the insults, beatings and hair pulling, “but not convincingly” , according to the magistrates. On the contrary, the victim’s account was well substantiated by the testimonies of the forensic doctors and the other witnesses who testified at the trial.