Trial in Lugo for sexual assault on friend: Prosecution seeks five years in prison
A Colombian national living in Lugo faces five years in prison for sexual assault on a friend in April 2023. The oral trial is scheduled for 29 January.
Accused of raping a friend in his Lugo home during a celebration
A Colombian national residing in Lugo, with no criminal record and in regular situation in Spain, faces a prosecution request for five years in prison for a continuous offence of sexual assault committed in April 2023 against a friend who was spending the night at his house. According to ABC, the oral trial was set for 29 January after no agreement was reached between the parties at the preliminary hearing held this Tuesday, at which evidence for the hearing was admitted.
The facts, according to the Prosecution
The Prosecution's indictment places the events between 00.00 and 02.00 hours, inside a home in Lugo, during a celebration. The accused allegedly entered the bedroom where the victim was on two occasions, when she was already in bed.
In the first incident, according to the Prosecution, the man kissed her on the mouth and neck, bit her lips and, while holding her hands, lifted her clothing to touch her breasts. The woman expressed her lack of consent by pushing him away, and the accused then left the room.
However, after some time, he returned. According to the charge, he forcibly kissed her again on the mouth and breasts, pulled down her pyjama bottoms and touched her genital area over her underwear. The Prosecution, according to Europa Press, contends that the accused imposed his will through his physical build and that the victim attempted to push him away "by pushing" until he finally left the room.
Consequences and procedural situation
The victim, who was 41 years old at the time of the events, alleges that she suffered a deterioration in her mental health with repercussions on her interpersonal and social relationships, although there is no record of her receiving medical treatment for this. During the investigation of the case, following the complaint, no precautionary measures were imposed prohibiting approach or communication, so the accused remained at liberty.
Prosecution's requests
The Prosecution classifies the events as a continuous offence of sexual assault and requests the following sentences and measures:
- Five years in prison and special disqualification from the right of passive suffrage for the duration of the sentence.
- Prohibition from approaching the victim closer than 200 metres and from communicating with her by any means for seven years.
- Five years of supervised release once the sentence has been served.
- Compensation of 10,000 euros for civil liability, plus corresponding legal interest.
The oral trial, scheduled for 29 January, will determine whether the court accepts the conclusions of the Public Ministry or departs from them.
Source: ABC