Eight years in prison for a Cuban man in Madrid for abusing a woman who was unconscious

The Provincial Court of Madrid has sentenced a 50-year-old Cuban man to eight years in prison for sexually assaulting a woman who was unconscious on a bench at the Santa María de la Cabeza roundabout in Madrid in the early hours of July 23, 2023.

According to a report by El Periódico, the court found it proven that the accused "took advantage" of the fact that the victim, a 43-year-old Argentine woman, was "lying on a bench, without moving or opening her eyes," to "lift her skirt and panties" and "vaginally penetrate her." The ruling highlights the "dangerousness" of the aggressor and his "total absence of inhibitory brakes," noting that even when several workers from the municipal cleaning service witnessed part of the assault, the man continued with the attack.

Municipal employees alerted the police, which allowed for the swift arrest of the perpetrator. The victim was taken to Gregorio Marañón Hospital, where forensic analyses confirmed the presence of the accused's semen in the vaginal samples. Additionally, medical reports detected a bruise in the sacral area and the presence of several drugs in the woman's system, indicating that she was unconscious during the assault.

During the trial, the victim stated that she did not remember anything about the incident. The defendant, who had already served time in Belgium for another sexual assault and had been in Spain irregularly since 2017, invoked his right not to testify. His defense argued that he might have acted under the influence of alcohol, but the court did not accept any mitigating circumstances.

Before the verdict was announced, El Periódico reported on the trial in which the prosecution sought a 12-year prison sentence and subsequent expulsion from the country. Meanwhile, the outlet Digital de León highlighted the crucial role of the two cleaning workers who alerted the authorities and helped identify the attacker shortly after the incident.

The Public Prosecutor initially requested 12 years in prison, but the court ultimately imposed a sentence of eight years. The ruling also orders that the convicted individual be expelled from Spain once they have served three-quarters of the sentence.

The court emphasizes in its ruling that the accused acted "fully aware of the victim's state of unconsciousness and, taking advantage of the fact that she was unaware of what was happening, he penetrated her vaginally, making it evident that there was no consent."