Three year prison sentence for abusing a British tourist in Magalluf

The attacker must compensate the victim with €5,000 for the moral damage caused

The accused, during the trial in Palma. | Guillermo Esteban

TW
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A court in Palma has sentenced a man to three years in prison for sexually abusing a British tourist in Magalluf after inviting her for drinks at a nightclub in 2017. In addition to the prison term, he has been ordered to compensate the victim with €5,000 for moral damages. The court acknowledged significant mitigating circumstances due to an excessive delay in proceedings, which were stalled for four years for reasons beyond the defendant's control.

The ruling states that while there was no evidence of violence or intimidation, the case involved non-consensual penetration. At the time, Spanish law classified such acts under sexual abuse rather than assault, as they occurred without physical force or threats.

According to the court documents, the incident took place in the early hours of May 4, 2017. The accused, who was working as a nightclub promoter, invited the victim and a friend for drinks. Once inside, he led the woman to a private area and later took her to another room, where the assault occurred.

The victim attempted to resist as the man kissed her, turning her face away. Despite her refusal, he pulled down his trousers and tried to force her into oral sex. When she continued to resist, he removed her shorts and raped her. The court noted that he used a condom, which was improperly fitted and later found inside the victim when she returned to her hotel room.

Two days after the assault, the woman returned to the UK and reported the incident to the police, providing the clothing she had worn that night for forensic analysis. She has suffered significant psychological distress since the event.

The court found that the woman’s impaired reflexes due to alcohol consumption were exploited by the defendant to carry out the attack. However, the victim was still able to make it clear that she did not consent to sexual intercourse.