Man in court accused of raping sleeping woman

The Second Section of the Provincial Court of Pontevedra will begin to hear evidence from today against an individual accused of a crime of sexual assault.

The defendant faces a possible sentence of twelve years in prison at the request of the Prosecutor’s Office, which understands that he took advantage of the fact that the victim was asleep to subject her to touching and when she realised and tried to push his hands away, he raped her against of her will.

The events reported occurred in the judicial district of Vilagarcía de Arousa around 6:30 in the morning on June 6, 2021. The accused, a citizen originally from Paraguay, went to a home with several other friends in a meeting in which they were chatting and consuming alcoholic beverages, as detailed in the provisional indictment.

At one point, the victim, who was tired, went up to one of the bedrooms to rest, and without undressing, “fell into a deep sleep,” details the public accusation.

Shortly after, “the defendant went up to the same room and, at a given moment, with a libidinous spirit, he undressed and, acting without her consent, began to touch her chest, buttocks and genital area, even though “She, still sleepy, removed his hands several times,” details the Public Ministry.

To overcome her resistance, adds the prosecutor, “the defendant grabbed her tightly by the arms”, and began to rape her, at which point the victim woke up, pushed the defendant aside and left the room to ask for help.”

After what happened, the woman suffered various physical injuries, but the most relevant thing, as stated in the indictment, is the “emotional distress, although it cannot be ruled out that psychological symptoms may appear.”

The legal framework that governs this type of sexual assault crime since the entry into force of the famous Only Yes Is Yes law contemplates in this case a restraining order in favour of the victim for a period of 22 years, which includes the prohibition of communication by any means with her in that same period of time. Along with this, if he is convicted in the terms recommended by the Pontevedra Prosecutor’s Office, he must serve ten years of supervised release when he leaves prison, and pay 20,000 euro compensation to the victim.

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