Andalusian court upholds four-year term in San Fernando assault case

Andalusia’s High Court has upheld a four-year prison sentence for a man convicted of sexually assaulting an Erasmus student in San Fernando. It also kept an order for him to pay the victim €4,000.

The case dates from June 2023. The court’s account says the student was at a party with a group of friends at the Bahía Sur complex. The event ended at about two in the morning, when there were no trains to Cádiz.

The man offered her a place to stay at his home, where his parents were also present. The Cádiz Provincial Court later found that he sexually assaulted her there. The report avoids further details to protect the victim.

Defence challenged the evidence

The provincial court found the facts proved and imposed the prison term and compensation. The defence appealed to the Andalusian High Court, known as the TSJA.

It argued that the lower court had made mistakes when weighing the evidence. The appeal also claimed that the conviction had breached the man’s right to be presumed innocent.

The TSJA rejected both grounds. It said the victim’s evidence was strong enough to support the conviction. The judges assessed her account for personal credibility, whether it made sense and whether it remained steady over time.

The appeal court found no improper reason for her to make a false claim. It also said her account was coherent and contained no conflict on the key points. The judges noted how she gave evidence during the trial, including her distress when she reached the assault.

Three points supported her account

The TSJA identified three outside elements that backed the victim’s evidence. First, she told other people what had happened that same morning. A witness confirmed that disclosure during the trial.

Second, the student called the man to confront him about the incident. Third, the court had a recording of that call. The ruling said the man apologised several times and ended by suggesting the matter should remain private.

The high court found that these elements supported the conclusions reached by the Cádiz Provincial Court. It therefore dismissed the defence appeal and confirmed both the four-year sentence and the €4,000 payment.

The supplied reports do not state whether a further appeal has been filed.

Sources: La Voz de Cádiz, Andalucía Información and Diario de Cádiz.