A man has been sentenced in Bizkaia to 11 years for breaking into and raping his former partner's home without permission
They had been a couple for six years, although they did not live together. 2021 In November the girl terminated her relationship, but the man asked her to stay in touch, and to that end, on the morning of 22 November 2021, she entered the woman's house without her consent and raped her.
Provincial Court of Bizkaia
The Court of Bizkaia has sentenced a man to 11 years' imprisonment for breakingand entering his former partner's home without permission in 2021, and the sentence may be appealed to the High Court of Justice of the Basque Country (TSJPV).
The Provincial High Court of Bizkaia has also imposed on the man a five-year probation measure for execution after the end of the prison sentence, as well as compensation of €15,000 for the victim.
In addition, she may not approach the woman within 15 years or work with minors for 17 years.
In this judgement , it has been establishedthat the man broke into the house by force and committed a crime of rape with the aggravating circumstance of kinship.
They were partners for six years, even though they didn't live together. 2021 In November the girl ended the relationship, but the man asked her to stay in touch.
To this end, on the morning of 22 November 2021, he forcibly entered the woman's house, without her consent, and raped her.
The man put a towel on the victim's neck and put pressure on her and threatened to tie her with a wire if she did not agree to her intentions, while trying to resume her sentimental relationship despite her refusal.
After the attack, the woman sent audio messages to her sisters in a group they had in their WhatsApp app and filed a complaint on November 23.
The jury has highlighted the "uncontradictory or unambiguous statement", as well as the" clarity and firmness "of the victim, who, in his three statements to the Ertzaintza, the judge and the trial, has repeated" a story full of detail, consistency and consistency ".
"This is a very strong evidentiary element" which, as highlighted by the Provincial High Court of Bizkaia, is complemented, inter alia, by the report of the Forensic Comprehensive Assessment Unit and expert reports on samples obtained at the scene.
In response, the court recalls that the accused invoked his legitimate right not to testify in his two appearances before the examining magistrate, and that during the oral trial he only answered his lawyer's questions, "admitting" that he had sexual intercourse with the victim that day, but without rape.
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