The Provincial Court of Santa Cruz de Tenerife has sentenced a man to three years in prison for committing a crime of aggravated assault with a dangerous instrument, after attacking his ex-partner at his home, despite a restraining order being in place. The court acquitted him of sexual assault and violating the ban on maintaining a 500-metre distance from the woman. He has been ordered to pay her 700 euros for injuries and moral damage.
Regarding the abuse allegation, it cannot be ruled out that the woman acted out of resentment, and there aren’t enough credible elements since it wasn’t reported to the police but was brought up at the Hospital Universitario de Canarias (HUC).
The incident occurred on the night of 27-28 November 2021 at the La Laguna residence, which the ex-partner frequently visited despite their breakup and the restraining order. Around 5 am, a fight broke out, leaving her unconscious, though she claimed to have been raped. The court dismissed this claim as she had admitted to consensual relations with the accused without a condom, and evidence of another man was found.
It was proven she was hit with a broomstick and threatened with a knife during the altercation, suffering a significant blow to the head, although there was no bleeding when she received medical attention.
Her urine analysis showed the presence of alcohol, cocaine, anxiolytics, painkillers, anti-inflammatories, and an anaesthetic, while the accused had also consumed alcohol and drugs.
The man denied hitting her, claiming jealousy was the motive for her accusation, as she couldn’t accept his new relationship and had threatened to make his life difficult.
The woman had a prior conviction for harassing her mother and sister, constantly calling and messaging them, prompting them to report her, according to their testimonies.
The accused, along with his mother and sister, stated he was at their family home in Santa Cruz that night and visited his La Laguna residence the next day, where his ex-partner, who had keys, was found.
When the police arrived, the man was located at a distance and became violent, self-harming according to the arresting officers.
At the time of these events, a restraining order had been in effect for months after she accused him of abuse, though he was acquitted, leading the court to consider the possibility he believed the order had been lifted.
During the trial held in January 2024, the prosecution maintained a request for a 19-year sentence, which the accusation raised to 20 years, with both requesting 3,700 euros in compensation.
