A man in Gipuzkoa has been sentenced to more than five years in prison for sexually abusing his partner
The Public Prosecutor's Office requested sentences of more than 16 years but, according to the judgement, the victim did not "sufficiently substantiate" the refusal of consent to continue sexual intercourse.
The Court of Gipuzkoa has sentenced a man to five years and six months' imprisonment for a crime of sexual abuse of a girl with whom he had a sentimental relationship and two offences of ill-treatment.
The events lasted from June 2019 to January 2020, during which months the victim (17 years old) and the aggressor (10 years older than the girl) had a "sexual affective relationship". The victim reported that the man behaved aggressively during sexual intercourse.
The Public Prosecutor's Office requested more than 16 years' imprisonment for the accused for a continuing offence of sexual abuse, a crime of sexual assault and a continuing offence of ill-treatment and harassment.
However, according to the judgement, the victim referred to a "generic" account of the type of relationship he had with the accused and did not "sufficiently substantiate" the withdrawal of consent for sexual intercourse, so he has refused to apply the continuing offence of sexual abuse.
However, the Gipuzkoa High Court finds a specific fact to be proven in the complaint: at one of the encounters, the victim asked the convicted person to stop because he had used force and pinched the victim, but the man ignored him.
The Court gives credibility to the testimony of the victim on this particular incident and imposes a penalty of five years' imprisonment on the accused for the offence of sexual abuse under the criminal law in force at the time of the incident.
The court also rejects the concept of habitual ill-treatment, but imposes three months' imprisonment for each of the two specific cases of ill-treatment which it considers proven.
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