Remand prison ordered for man accused of knife rape in San Juan, Pamplona
A judge ordered remand in custody without bail for a man detained for sexually assaulting his ex-partner under threat of a knife in the San Juan neighbourhood.
Remand in custody ordered for man detained over sexual assault with knife in Pamplona
The duty magistrate of the Violence Against Women section of Pamplona's Court of First Instance ordered remand in custody, to be notified and without bail, on Wednesday for the man arrested on Tuesday by the Municipal Police as the alleged perpetrator of sexual assault with penetration at a residence in the San Juan neighbourhood. According to pamplonaactual.com, the charges attributed to him include aggravated sexual assault, coercion, threats and habitual ill-treatment, without prejudice to any final charging decision.
The court order, which is not final, was issued following a judicial hearing in which both the private prosecution and the Public Prosecutor's Office requested preventive detention, while the defence called for provisional release without bail or alternative, less severe measures.
The facts according to the victim's statement
According to the court order, the victim — assessed as being at high risk — stated that her ex-partner arrived at her home shortly before 11:20 on Tuesday despite her having repeatedly told him not to come. After entering the building entrance and ringing the doorbell, the man pushed her into a room, slammed the door shut and announced that they were "going to have a serious talk".
The woman recounted that he grabbed her and covered her mouth, and reproached her over a conversation she had had with a family member out of jealousy. Immediately afterwards, according to her account, he warned her that he was "going to cause havoc" and that she would be "the first", and he produced a knife with which he threatened her. He then sexually assaulted her with penetration whilst she asked him to stop. After managing to break free, she went into the hallway and called for help from two flatmates. The victim also noted that during their relationship, the man had monitored her location using a mobile application.
The detainee's account and initial investigations
The arrested man denied acting in that way. He acknowledged going to the residence and entering, but maintained that once in the room, they both started kissing and that she ran out when they were about to have intercourse. During the hearing he answered only questions from his defence.
The judge states that this account "finds little or no corroboration" in the initial investigative steps. He highlights the repetition of phone calls from the detainee to the victim and, in particular, the emergency report from Navarre University Hospital issued on the same Tuesday, accompanied by photographs documenting injuries to the woman's neck and chest. The magistrate describes this report as "completely inconsistent with consensual sexual contact". The result of DNA testing taken from under the detainee's fingernails remains pending, in relation to the scratches the victim sustained when attempting to resist.
Risk of absconding and reoffending
The magistrate notes that the detainee has his administrative status properly regularised in Spain, but that his closest family members — parents and siblings — reside in Nicaragua, his country of origin. He adds that the investigated person has not demonstrated how he reconciles caring for a minor child with his employment, and concludes that given the serious penalties that could result from the alleged facts, the risk of absconding cannot be ruled out.
As regards the risk of reoffending, the judge acknowledges that the investigated person has no criminal record in the area of gender-based violence, although he considers this cannot be excluded given his method of operation. According to the court order, he ignored the "very clear" indications from the victim both regarding his presence at the residence and regarding the assault, and carried out the alleged acts following a threat and, allegedly, whilst wielding a knife. The judge finds it credible that she resisted, as reflected in her injuries, the medical documentation and a statement which he describes as "coherent, detailed and distressed".
The ruling is not final: an application for reconsideration may be made within three days or an appeal within five days.
Record from the Municipal Police complaints office
The detention took place in the context of activity recorded that Tuesday by the Pamplona Municipal Police's complaints office, which received 18 reports and made two arrests. The second person detained that day was arrested for serious disobedience after attempting to flee on a scooter when officers signalled him to stop in the Ensanche district. It was an anonymous citizen who managed to intercept him and enabled officers to proceed with his detention.
Source: Google News PR — San Juan