Imprisonment without bail for a detainee for sexual assault of a woman during sanfermines

The incumbent of Plaza No. 2 of the Violence Against Women Section in Pamplona/Iruña has ordered provisional detention without bail for the man arrested for sexually assaulting an unconscious woman on the 10th.

In the court decision, which may be appealed to the Provincial High Court, the magistrate considers that there is a risk of escape and considers pre-trial detention appropriate.

The complainant described that he and the detainee had been using alcohol and narcotics, and he doesn't remember anything that happened after a moment. 

The High Court has determined that the woman was found unconscious in a lobby on Estafeta Street  and that the high alcohol rate she still gave hours later would explain her amnesia, according to the court. 

According to the investigator, it was the woman who proposed to maintain relationships, and she was "conscious, conscious, and consenting at all times." 

However, according to the judge, "these statements by the investigator who left while the victim was half-naked do not correspond to the confirmed situation of the woman, who has stated that she does not remember any moment in the sequence of the facts under investigation, which is confirmed by the medical examination carried out hours later", according to the High Court of Justice of Navarre (TSJN).

The prosecution and the private prosecution have requested that he be placed in prison without bail, while the defence has requested provisional release while proposing alternative, non-restrictive precautionary measures. 

In this regard, the judge stresses that, due to the gravity of the facts investigated, the "exceptional measure" requested by the indictments is "appropriate to deter the risk of escape from the described penological horizon and to provide relief and security for the victim".