El acusado, entrando a la Audiencia en una de las sesiones del juicio / Clara Manzano
01 de marzo de 2021 Belén Rodríguez / CIUDAD REAL / PORZUNA
El segundo tribunal de la Audiencia Provincial por el que pasa el caso expresa “serias dudas” en la sentencia sobre cómo se produjeron los hechos y absuelve al joven de 22 años, para el que fiscalía y acusación pidieron penas de entre doce y quince años de cárcel
VGR, a 22-year-old young man from Porzuna accused of having raped a girl from his social circle in April 2018 in the town, has been acquitted for the second time of the crimes of sexual assault and threats, for which he faced penalties of between twelve and a half and fifteen years in prison, a few weeks ago at the Provincial Court.
The case, which was retried this year after a first acquittal (2019), sets a precedent in the Ciudad Real Court in which it is the first time that someone is tried for rape and is acquitted both times. based on a declaration of nullity of the first trial by the Superior Court of Justice of Castilla-La Mancha.
“Serious doubts” from the court
The new court rules that «the joint result of the evidence carried out in plenary introduces serious doubts in the mind of this Chamber regarding the existence and reality of the facts motivating the sexual assault and threats subject to accusatory classification.»
The magistrate and the two magistrates who sign the new sentence to which Lanza has just had access, also express doubts about the credibility of the young woman’s testimony, the only evidence for the prosecution, in which they find contradictions. The fundamental thing, according to the judges, is based on the fact that the young man, who a month before had had two consensual sexual relations with the accused, and decided, after the last one (he did something that he did not like nor had previously been discussed) that he would not have it again. have sexual contact with him, and the content of the ‘whatsapp’ that they exchanged the morning of the events.
“The normality of ‘whatsapp’ is surprising
“The normality and almost joviality of the expressive tone of body and character (joking) is surprising,” says the ruling, “maintained by the complainant and the friend she was with, with the content of her statement at the trial, in which she said that with that conversation “he was not clear about his intention of not wanting anything to do with the accused, which contrasts with said tone and with his own march to meet him,” the magistrates argue.
Forensic experts did not see any signs of violence.
The court, which this time makes an exhaustive evaluation of all the evidence carried out in the trial, also finds itself with the “clear, categorical and objective result returned by the forensic expert”, they say, in which no trace of violence was seen in the the victim’s body, even though she was examined just two hours after the alleged sexual assault, and says she received a hard slap in the face.
The second section of the Hearing considers it proven that the accused and the young woman, who had known each other since they were 12 years old and had complete and consensual sexual relations in March 2018, exchanged a series of ‘Whatsapp’ messages «in a joking tone», in the early morning of April 15, 2018. He asked her to meet him to have sex. In that tone, and when the girl was with three other people in a house, the accused told her that he had “recorded her fucking,” so she supposedly made an appointment to meet him and clarify the video.
The girl went to the meeting place, the accused told her that he did not have any video, and then they went to an alley near the park where, according to the court, they had sexual relations vaginally and orally «without being proven that the accused carried out acts of physical aggression” on the young woman.
New resources fit
The new sentence, contrary to the thesis of the Ciudad Real prosecutor’s office and the private accusation brought by the injured party in the case, is not final, new appeals are possible.
Maintains the restraining order
The court makes it clear in the ruling that the restraining order remains in force between the accused, who spent a year and a half in prison for these events, and the complainant. «Notwithstanding the acquittal meaning of this ruling and in order to maintain the protection of the alleged victim, the precautionary measures agreed upon by order of this court dated July 13, 2020 remain in force, until the finality of this resolution,» it adds. the court.