Feb 23, 2021
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They acquit a repeat rapist accused of assaulting a young woman with a disability
The Girona Court has acquitted Edwin Enrique G., a repeat rapist who was tried at the beginning of February for an alleged sexual assault, in a park in the capital of the province, to a young woman with a 65 percent disability who was a partner of her brother.
The prosecutor asked for the accused, that since 2009 accumulates three final sentences for sexual crimes -two of them against minors-, fifteen years in prison for violation of a particularly vulnerable person, ten years on probation and 30,000 euros in compensation, in addition to a restraining order. The defense, exercised by Joan Pere Zapata, requested acquittal for his client.
The sentence of the fourth section, of which the magistrate Maite Iglesias has been the speaker, has given the reason to the defendant, 31 years old and of Ecuadorian origin, because it considers that “there is no data or indication, however weak it may be, that allows corroborating the victim’s account. “” Consequently, objective peripheral corroboration is lacking to consider the victim’s statement as the only evidence for the prosecution, “he adds.
The resolution considers it proven that, on September 18, 2018, the victim, who had a romantic relationship with the brother of the accused, who also suffers from a disability, left without authorization from the center where she is interned to see her partner without knowing that she had settled in a sheltered apartment.
When it was arrived at the family home of that person, the defendant was the one who opened the door and offered to accompany her to his brother’s new address. According to the magistrate, “it has not been proven” that, during that journey, “the accused led her to a hidden place or that he had raped her.”
The court states that the only “prosecution evidence” is the victim’s statement and that no DNA traces or injuries or witnesses Faced with a statement from the couple at the time of the accused, who exonerates him.