The Canary Islands High Court of Justice (TSJC) has dismissed an appeal filed by a man convicted by the Tenerife Provincial Court to serve one year and three months in prison and pay a fine of 14,600 euros for infringing the personal space of two women, one of whom was a minor, at a nightclub in Adeje, Tenerife.
This man has been found guilty of two acts of sexual harassment and has been ordered to compensate each victim with 1,000 euros, with the remainder of the sum to be paid as a fine.
The incidents took place in August 2022 between 3:30 and 4:30 in the morning when the 43-year-old Italian man, without the consent of the victims, touched one of them inappropriately multiple times and even inserted his finger into her vagina.
The accused disagreed with the sentence, claiming it to be “irrational” and citing lack of evidence, which the court dismissed, highlighting the detailed testimonies provided during the trial.
Three women, including the victims and a friend who was with them that night, testified during the trial. They acknowledged consuming alcohol in moderation and not being intoxicated, as confirmed by the attending officer.
The police officer described the women as “young, sensible, and rational,” though one appeared “remorseful and distressed,” presumably due to the events that transpired.
The defendant’s claims that the officer’s account was inaccurate due to the passage of time or due to his height being taller than the victims were deemed baseless by the court.
The assertions regarding the nightclub’s lighting conditions being responsible for mistaken identification were also rejected, as the women’s testimonies were inconsistent, and all three women unequivocally identified the accused during the trial.
The man argued that the minor did not react despite being subjected to multiple assaults and delayed seeking help after learning of her friend’s ordeal. It was her friend who eventually identified the perpetrator and sought assistance.
The court opted to suspend the prison sentence for three and a half years, provided the man avoids contact with the women, attends a sexual education program, and performs 60 days of community service.
Initially, the prosecution had sought a sentence of five and a half years in prison and a payment of 7,500 euros, holding him accountable for two instances of sexual harassment, which was confirmed despite the events occurring before the “yes means yes” law came into effect, thus not constituting a case of assault.
