Severe Sentencing for Violent Crime in Pamplona
The First Section of the Navarra Audiencia has sentenced a man to a total of 12 years in prison for the sexual assault and robbery of a woman in Pamplona, an incident that occurred in December 2023. The accused, a 23-year-old man originally from Morocco, will face deportation from Spain upon serving half of his sentence, with a prohibition on re-entry for a decade. Additionally, he is forbidden from contacting or approaching the victim within a 200-meter radius for 15 years, and will be subjected to 10 years of supervised release following his incarceration.
As part of his civil liability, the perpetrator is required to pay the victim 60,000 euros as compensation for the psychological harm inflicted upon her. The court's ruling, which can be appealed to the Superior Court of Justice of Navarra (TSJN), includes a nine-year prison term for the sexual assault and three years for the robbery with violence.
Details of the Crime and Legal Proceedings
The assault took place around 2:37 AM on December 17, 2023, near the General Archive of Navarra, located in Pamplona's old town. The victim, a 56-year-old woman returning from a party, was approached by the assailant, who was wearing a beige cap. He positioned himself just two meters away from her before forcefully attacking and pushing her as she sat on a low wall. The two fell into a nearby garden area where, after physically assaulting her, the attacker raped her. Despite her attempts to fight back, which included biting his hand and striking him in the mouth, he managed to overpower her.
After the assault, the perpetrator stole the victim's mobile phone, an iPhone 11 valued at 748.33 euros, along with 70 euros in cash. Remarkably, he returned to the scene just four minutes later to retrieve additional items from the ground and the victim's bag before fleeing again. Among the belongings left behind, police later found the cap worn by the accused in the garden area.
The victim suffered physical injuries and has since experienced anxiety attacks, as noted in the court's ruling. She reported ongoing fears of going outside and has been plagued by nightmares since the incident. During the trial held on February 25 and 26, the prosecution had sought a sentence of 8 years and 11 months for the sexual assault and an additional three years for the robbery. The private prosecution argued for slightly higher sentences of 9 years for sexual assault and 3 years for robbery.
In the courtroom, the defendant admitted to the robbery but denied committing the sexual assault. Consequently, his defense team requested a reduced sentence of two years for robbery, arguing for leniency due to procedural delays, while also seeking an acquittal for the sexual assault charge. However, the First Section of the Audiencia emphasized that this late admission of guilt was a result of the compelling evidence presented during the trial.
The judges underscored that the identification of the assailant was achieved thanks to a prompt and thorough response from the Municipal Police. DNA evidence collected from the cap and surveillance footage corroborated the victim's identification of the accused. Although the defense argued that DNA results were negative for the assault, the court highlighted forensic evidence confirming vaginal injuries consistent with penetration, as well as abdominal and thoracic injuries resulting from the struggle.
The judges concluded that the defensive injuries the victim inflicted on the accused during the assault could only be explained by the occurrence of the rape. The tribunal firmly rejected claims of procedural delays and imposed the maximum sentences requested by the private prosecution.
As reported by diariodenavarra.es.
