Brutal coercive control case comes to court

This Wednesday, the trial begins in Murcia against JCS, 34 years old, who is accused of a continuous crime of coercion, another of serious injuries and a third of illegal detention against his partner until 2022.

The defendant was already had an executory sentence by a final judgment in 2018, issued by the Criminal Court No. 4 of Alicante, for the crime of threats in the field of gender violence, to the penalty, among others, of 3 years of deprivation of the right to possess and carry weapons, extinguished on 02/10/21 and in provisional prison for this reason since 02/10/22, having been arrested for the same on date 02/08/22.

The accused maintained a romantic relationship for at least a year, with cohabitation with the victim, beginning in 2021 and ending approximately in February 2022. During the relationship, the defendant, with the intention of breaking his partner’s freedom, exercised an attitude of control over her, monitoring her movements, her outings and her company, going so far as to take her mobile phone on some occasions, to prevent her from being able to talk to people other than himself.

Following this same line, between 11:30 p.m. on February 6, 2022 and 12:30 a.m. the following day, when the victim arrived at her home, after having gone out to have a couple of beers, the defendant, with a clear intention to possession over the victim, contempt for her status as a woman, non-recognition of her autonomy and in order to undermine her physical integrity, he slapped her hard in the face and punched her several times in the side area, causing her to fall to the ground, where he continued hitting her.

Immediately afterwards, the defendant put the victim in bed and, during the following days, with the same spirit and with the same intention already described, he prevented her from using the mobile phone to ask for help or medical assistance, and having no intention of taking her for medical help, holding her there against her will, barely able to move due to the pain caused by the multiple wounds she had all over her body.

Finally, between February 7 and 8, 2022, the victim managed to get hold of a telephone and ask her friend for help, informing him of the situation she was in, which prompted a Guardia Civil patrol to go to the home and immediately transfer her to the nearest hospital.

As a result of the attack, she suffered injuries consisting of thoraco-abdominal trauma with intense pain and hematoma in the left thoracic flank, mild left pleural effusion with laminar atelectasis, pancreatic trauma with complete section of the pancreatic duct (grade III), corpocaudal pancreatectomy and placement of pancreatic prosthesis, splenectomy (removal of the spleen), fracture of the 9th and 10th left posterior costal arches, fracture of the transverse process of L4, which required primary health care and medical-surgical treatment, which caused 3 days very serious harm, 46 days of serious harm, 31 days of moderate harm and personal harm due to category 3 surgery.

Regarding the consequences suffered, the assessment is as follows: 1 point for consequences in the nervous system; 15 points for the consequences of the digestive system in relation to the pancreas; 5 points for the consequences in the digestive system in relation to the spleen; and, as regards the aesthetic consequences, caused by the various scars that remain on the victim’s body, they are valued at 10 points. Likewise, due to the injuries described, future medical expenses are expected for the victim, since the pancreas prosthesis may require replacement, which will require new interventions periodically.

As a result of the impairment of pancreatic function, it is not ruled out that recurrent pancreatitis may occur, which could lead, in the long term, to pancreatic insufficiency. Regarding the consideration of the affected organs, with the corporocaudal pancreatectomy, consisting of the removal of the distal portion of the pancreas with the placement of a prosthesis, it has meant for the victim a depreciation of their quality of life as the pancreas is treated as an essential organ for human life. For all this, the injured party claims compensation for the damages caused.

By order dated February 10, 2022, issued by the Court of 1st Instance and Instruction of San Javier, the measure was agreed to prohibit the defendant from approaching the victim, her home, place of work, or place where she was found or frequented by it within 500 metres, as well as the prohibition of communicating with it by any direct or indirect means, during the investigation of the case and until a resolution is issued that puts an end to it.

The prosecution accuses JCS of three crimes: a continuous crime of coercion, a crime of serious injury and another of illegal detention. For all this, they request a sentence of 19 years in prison, 1 for coercion, 12 for serious injury and 6 for illegal detention.

Likewise, as civil liability, the accused must compensate the victim with the amount of €183,044 for the injuries suffered.

In accordance with the provisions of article 89.2 of the Penal Code, in view of the lack of sufficient roots of the accused in Spain, the interest is in the partial replacement of custodial sentences for expulsion from the national territory by a period of ten years, once the convicted person has served three-quarters of the sentence or either reaches the third degree or is granted conditional release.

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