The first section of the Provincial Court of Las Palmas faces the oral hearing of the ordinary summary procedure number 67 of 2024, instructed by the court number three of San Bartolomé de Tirajana, after the provisional conclusions presented by the Public Ministry against the defendant GLG. The events, initially classified under the penal code applicable at the time of the events, date back to the afternoon of May 15, 2022 in the vicinity of the Yumbo Shopping Center, during the celebration of the Maspalomas Pride festival in the south of Gran Canaria.
The procedural reconstruction places the origin of the events between 16:00 and 17:30 p.m., at which time the victim, MdlCP, staying with her partner AVO at the New Folías aparthotel in San Agustín, began consuming beer. After going to the Maspalomas tourist area with a group of friends, the group entered the Divinity bar, located inside the shopping center. There, the victim consumed several additional beers and four rum and Coke cocktails, reaching a state of profound intoxication that prompted her partner to try unsuccessfully to stop her drinking.
After the consumption phase ended and as her cognitive abilities gradually declined, the woman became detached from her surroundings and wandered around the shopping center, at which point she encountered the defendant. Taking advantage of the woman's evident physical impairment and intoxicated unconsciousness, the man intercepted her and led her to a Renault Trafic camper van parked at the rear of the shopping center.
Inside the vehicle, which was equipped with a mattress, the accused proceeded to remove her clothing and perform acts of vaginal penetration and touching without the victim having the material or cognitive capacity to give free and conscious consent, as she was deprived of consciousness due to the massive ingestion of alcohol.
As a direct consequence of the attack, the medical and expert reports incorporated into the case prove that the victim suffers from post-traumatic stress disorder classified as a serious psychiatric sequela, valued between eleven and twelve points, and therefore expressly claims all corresponding civil actions.
The public prosecutor classifies the acts as constituting a crime of sexual abuse under the historical provisions of the Penal Code, attributing material authorship to the defendant without the presence of any mitigating or aggravating circumstances. This is further supported by an analysis of his criminal record, which confirms a final conviction in October 2007 issued by the Las Palmas de Gran Canaria Court of Instruction Number 8 for a traffic offense while under the influence of alcohol, although this sentence has been expunged from the record.
Given the seriousness of the facts established during the investigation, the prosecution is requesting a 10-year prison sentence, along with the additional penalty of absolute disqualification from holding public office for the duration of the main sentence. Furthermore, the prosecution is requesting a restraining order prohibiting the defendant from approaching within 500 meters of the victim's home, workplace, or any other places she frequents, as well as from having any contact with her for a period equivalent to ten years.
The provisional conclusions document also includes the application of ten years of supervised release following imprisonment, the full imposition of procedural costs and civil compensation amounting to 30.000 euros for the moral damage caused, an amount that will accrue legal interest increased by two points in accordance with the procedural parameters of the Civil Procedure Law.
