The Court of Santa Cruz de Tenerife has sentenced a landlord to eight years in prison for sexually assaulting a tenant who, along with her partner, had rented him a room in their house, in Guía de Isora.
The sentence, to which EFE has had access, states that the defendant, who had already been convicted on two other occasions for the same crime, on March 2, 2021, around 5 p.m., asked the complainant to helped him clean another room that was larger than the one the couple was going to move into.
At a certain point, the defendant offered to give her a back massage, insisting that he had qualifications, and although the woman initially refused, at the man’s insistence she ended up agreeing, so she lay face down on a bed.
The convicted man lifted her shirt, massaging her back and touching her breasts, so the young woman told him to stop several times, but he sat on top of her, unbuttoned her pants and finally raped her.
Victim’s reaction
The woman said she could not react for fear of the possibility that the aggressor would retaliate against her life or physical integrity if she asked for help.
The defendant, for his part, after what happened went up to the apartment where he lived with his wife and had a beer.
As a consequence of these events, the complainant presents symptoms compatible with post-traumatic stress disorder, such as alterations in mood or remaining alert and reactivated; She also suffers from anxiety and depression that have affected all areas of her life.
The Court gave full credibility to the woman’s story during the hearing, which concluded in the guilt of the accused.
The victim, in the opinion of the Chamber, has maintained the same account of the events during his appearance before the Civil Guard, during the investigation and at trial with “coherent and congruent” arguments.
Version of the accused
The version of the accused, 65 years old, is described as “illogical and irrational”, given that despite recognizing part of the facts, he said that everything was due to the fact that the woman had fallen in love with him, which he had perceived, that his age did not have erections and that she was even the one who raped him even though she never filed a complaint.
He said that in those days she did not live in the house but asked him to stay that night and after the meeting they sat on the bed for five hours talking calmly and then he had three beers with the accused and his wife.
The next day he sent him a message asking for forgiveness “for having left me yesterday,” given that he claimed he was an evangelical Christian and would never have done it because it was a sin.
Although The medical examination did not detect any type of injury.the psychological report concluded that the woman’s story was perfectly credible, which the Court also ratified.
In imposing the sentence, the Court took into account the modification introduced in this type of crimes in the law known as ‘only yes is yes’, for which a sentence of between four to twelve years is set, but the aggravating circumstance of recidivism because the previous sentences had been served.
The condemned must remain on probation another eight years if the sentence is final, participate in sexual education courses and stay away from the victim during the period also determined during the execution of the sentence.
