A Cuban man, aged 50, has been sentenced to eight years in prison by the Provincial Court of Madrid for sexually assaulting a woman who was unconscious on a bench at the Santa María de la Cabeza roundabout in Madrid in the early hours of July 23, 2023.
The court, as reported by El Periódico, found that the accused "took advantage" of the victim, a 43-year-old Argentine woman, who was "lying on a bench, motionless and with her eyes closed." He allegedly "lifted her skirt and underwear" and "vaginally penetrated her." The ruling emphasizes the "dangerousness" of the assailant and his "complete lack of inhibitory controls," noting that he continued the assault even after being observed by municipal cleaning workers.
These city employees promptly alerted the police, leading to the swift arrest of the perpetrator. The victim was taken to Gregorio Marañón Hospital, where forensic tests confirmed the presence of the accused's semen in vaginal samples. Medical reports also revealed a bruise in the sacral area and the presence of several drugs in the woman's system, indicating she was unconscious during the attack.
During the court proceedings, the victim stated she had no memory of the incident. The accused, who had previously served time in Belgium for another sexual assault and had been in Spain illegally since 2017, chose to exercise his right not to testify. His defense argued he might have acted under the influence of alcohol, but the court dismissed any mitigating factors.
Before the verdict, El Periódico reported that the prosecution was initially seeking a 12-year prison sentence and subsequent expulsion from the country. Meanwhile, Digital de León highlighted the crucial role of the two cleaning workers in alerting authorities and aiding in the identification of the offender shortly after the crime.
Ultimately, the court decided on an eight-year sentence, with the condition that the convicted man be expelled from Spain after serving three-quarters of his term. The court's decision underscores that the accused acted "with full knowledge of the victim's unconscious state and took advantage of her unawareness to vaginally penetrate her, making it clear there was no consent."
Legal and Social Implications of the Assault Case
What evidence was used to convict the accused?
The conviction was supported by forensic evidence, including the presence of the accused's semen in vaginal samples, and medical reports that showed a bruise and drugs in the victim's system.
What role did the municipal workers play in the case?
The municipal workers were pivotal as they witnessed part of the assault and alerted the police, facilitating the prompt arrest of the offender.
Why was the sentence reduced from what the prosecution initially sought?
The court ultimately decided on a lesser sentence of eight years, instead of the 12 years requested by the prosecution, though the specific reasons for the reduction were not detailed in the report.