The Palma Court has sentenced a 29-year-old man to two years in prison for sexually assaulting his partner while she was drunk. The accused acknowledged the facts and the sentence was suspended in exchange for paying €20,000 in compensation.
The Palma Court issued a final ruling yesterday against a 29-year-old man for sexually assaulting his partner when she was intoxicated. The events occurred in December 2019 in a home in a municipality in Llevant, Mallorca. The accused, a Spanish national with no prior convictions, admitted to the facts before the Second Section and accepted a two-year prison sentence for a crime of sexual abuse with penetration.
Agreement Between the Parties After Seven Years of Delays
Initially, the Prosecutor's Office sought twelve years in prison for a crime of rape with gender and familial aggravating factors. However, the public prosecutor reduced its request after reaching an agreement with the private prosecution and the defence. The prosecutor modified the account to reflect that the victim was incapacitated to consent due to her intoxication, which lowered the classification to sexual abuse.
Additionally, the highly qualified mitigating factor of undue delays was applied, as the case began in late 2019 and has taken nearly seven years to resolve. The procedural delay was key to reducing the sentence, according to judicial sources. The gender and familial aggravating factors initially considered were also removed.
The accused accepted the sentence, and the Court issued its ruling in voce. In addition to the two years in prison, he was imposed five years of supervised release and a prohibition on approaching or communicating with the victim for ten years. In terms of civil liability, he must compensate her with €20,000 for moral and psychological damages.
Suspended Sentence: Pay or Return to Prison
The court accepted the defence's request and suspended the execution of the prison sentence for three years, provided that the convicted person does not commit any further offences and pays the compensation within two years. During the hearing, the man acknowledged that he is unemployed but committed to paying the amount: “I don’t work, but I will pay. My parents will help me,” he assured.
The victim, who had been living with the accused since November 2019, suffered the assault on the night of December 10 of that year. According to the ruling, the man began kissing his partner while she was asleep in their marital bed, taking advantage of her state of intoxication. The young woman was unable to resist due to her alcohol intoxication.
The ruling is final, as neither party announced an appeal. For the residents of the Llevant region, the case serves as a reminder of the importance of
A Precedent in the Region
Such agreements, which avoid oral trials, are becoming increasingly common in the courts of Mallorca. In this case, the mitigating factor of undue delays allowed for a drastic reduction of the initial sentence. The Palma Court has applied the criterion of expediency to close a case that has dragged on since 2019.
The convicted man must strictly adhere to the imposed conditions: not commit any offences in three years and pay the €20,000 within two years. If he fails to comply, the suspension will be revoked, and he will have to serve his sentence. The compensation, according to the agreement, will be used to repair the psychological damage caused to the victim, who has received support from the municipality's social services.
For the residents of Llevant, the news underscores the need for
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