The Public Prosecutor's Office, in the ordinary summary proceedings before the Court of Instruction No. 2 of San Bartolomé de Tirajana, has submitted provisional conclusions requesting a 15-year prison sentence for KeM for the crime of sexual assault with penetration of a minor under 15 years of age, in addition to accessory measures and civil compensation of 20.000 euros. According to the prosecution's brief, on the night of July 24, 2023, the defendant, an adult, a native of Morocco and residing illegally in Spain, was with a friend near the park next to the Puerto Rico Shopping Center, in the municipality of Puerto Rico-Mogán, when he met the minor IPF, 15 years old, who was accompanied by her cousin. After talking and walking along the beach, they decided to go to the Arizona residential complex.
At approximately 01:10 a.m. on July 25, 2023, in the library next to the pool at the complex, the prosecution alleges that the defendant held the minor by her arms and hips, sat her on his lap, removed her underwear, and vaginally penetrated her against her will. The victim presented multiple injuries, including bruises on her arms, legs, and thighs, abrasions, and injuries to her genital area. She also suffers from post-traumatic stress disorder with an estimated average stabilization time of 180 days, moderate personal injury due to temporary loss of quality of life for 10 days and a basic loss for 170 days, and moderate sequelae resulting from post-traumatic stress.
The prosecution considers the acts to constitute the crime of sexual assault of a minor under 16 years of age with penetration, as defined in the relevant articles of the Penal Code as amended by Organic Law 4/2023, and identifies KeM as the perpetrator pursuant to Articles 27 and 28 of the Penal Code. The defendant was held in pretrial detention from November 7, 2023, to April 19, 2024.
The prosecution is seeking a 15-year prison sentence and absolute disqualification from holding public office for the duration of the sentence. It is also requesting a 10-year period of supervised release to be served after the prison term, a 20-year ban on activities involving regular contact with minors, a 20-year restraining order prohibiting the defendant from approaching within 500 meters of the victim or communicating with them, and deportation from Spain after serving two-thirds of the sentence, with an eight-year ban on re-entry. Finally, the prosecution is seeking payment of court costs and civil liability from the defendant, requesting that he be ordered to pay IPF €20.000 in damages for emotional distress and injuries suffered, plus legal interest increased by two percentage points.
