Four years in prison for hitting woman who didn´t want to have sex without a condom

The Superior Court of Justice of Andalusia (TSJA) has confirmed a sentence of the Third Section of the Provincial Court of Córdoba that sentences a man to four years in prison for a crime of injuries committed against a woman, who lost a tooth, after the man hit her for not wanting to have sexual relations without a condom.

According to the resolution of the Andalusian High Court, the judges reject the appeal filed by the accused and confirm the sentence in all its aspects, although an appeal is possible against it before the Second Chamber of the Supreme Court (TS).

Specifically, it is proven that in November 2018 the defendant went to the woman’s property in Toledo, where at that time she lived in a rented room in a shared apartment, all after having contacted her by phone.

Once there, he asked her for “sexual relations”, although she “refused to have them without a condom”, at which point the accused “got angry, and while she was sitting on the bed, he hit her hard in the face that left her unconscious on the floor, having to be attended to by her roommate.

As a result of the blow, the woman suffered injuries consisting of a blunt incised wound in the right nasolabial fold and a stellate-shaped wound in the right supralabial region, as well as the loss of a tooth, also needing first aid, local treatment, surgical treatment with four sutures with silk thread for the nasolabial wound and three sutures for the right supralabial wound, plus ‘sterstrip’ in both wounds, which were subsequently removed.

These injuries took 15 days to heal, eight days of basic damage and seven days of moderate damage; The consequences were one point for the loss of the tooth and ten points for moderate aesthetic damage.

“There is no evidence that there was, even incipient, a romantic relationship between the accused and the woman,” as detailed in the sentence, in which, in addition to the prison sentence, the accused is sentenced to a restraining order from the victim for seven years and compensate her with 700 euro for the healing days and 12,000 euro for the consequences.