The Court of Santa Cruz de Tenerife has sentenced a man to two years in prison for sexual abuse who admitted in court that he removed the condom without the knowledge of the woman with whom he had a casual sexual relationship, contrary to what both had agreed.
The sentence, handed down by compliance, classifies his conduct as sexual abuse because the events occurred in 2022, before the reform of the Penal Code promoted by the Ministry of Equality through the law of only yes is yes, which classifies everything as sexual assault. this type of attacks, with different degrees of severity.
During the trial, the Prosecutor’s Office recognized the defendant the benefit of a highly qualified mitigating circumstance of compensation for damage, because he had already deposited the agreed amount as compensation for the victim.
The sentence prohibits the accused from approaching the victim and her home, place of study, work or any other place frequented by her, within 500 meters.
He will also not be able to communicate with the woman, he will have to participate in sexual education training programs and he is agreed not to go to prison as long as he does not commit any crime for three years.
According to the facts acknowledged by the defendant himself, the complainant and he met in September 2022 through a dating application and, after talking for a while and having several drinks, they went to the man’s home in the north of Tenerife. .
The two agreed to have sexual relations, with the “unavoidable” condition, reiterated on several occasions by her and accepted by him, to use a condom, the ruling states.
However, at a given moment and without the woman knowing or being able to see it, he removed the condom and continued with the penetration.
Initially, the Prosecutor’s Office requested four years in prison for the accused, the payment of 3,000 euros to the complainant and that he remain on supervised release for five years after leaving prison.
