Canary Islands Court Upholds Prison Sentence for Sexual Assault of Incapacitated Victim
The High Court of Justice of the Canary Islands has upheld a two-year prison sentence for a man who sexually assaulted an incapacitated woman in Los Cristianos.
The High Court of Justice of the Canary Islands (TSJC) has upheld a two-year prison sentence for a man who sexually assaulted a woman while she was unable to defend herself. The ruling confirms the original decision made by the Provincial Court of Santa Cruz de Tenerife.
The incident occurred in the early hours of October 23, 2023, in Los Cristianos. According to court documents, the victim—a tourist visiting the San Telmo Shopping Center—was invited to a private home by the owner of a local business where the defendant worked as a waiter. After drinking alcohol, the woman fell asleep on a sofa. The defendant then used her state of unconsciousness to commit sexual acts against her, though the court noted that penetration was not proven.
This ruling reinforces the legal principle that, under the Comprehensive Guarantee of Sexual Freedom Law, a person who is intoxicated or otherwise incapacitated cannot give valid consent. In addition to the prison term, the court has ordered the defendant to pay the victim 2,000 euros in compensation. This decision marks the end of the standard appeals process, confirming the severity of the crime.