The courts in southern Gran Canaria are facing the resolution of a serious crime that directly violated sexual freedom and integrity in one of the archipelago's main tourist areas. The Public Prosecutor's Office has formally submitted its closing arguments to the Court of Instruction Number Three in San Bartolomé de Tirajana. The prosecution is bringing charges against the defendant, MS, a German national, for whom a ten-year prison sentence is being sought as the alleged perpetrator of a sexual assault.
The events under criminal investigation unfolded in the early hours of December 31, 2022. The suspect was on the island of Gran Canaria after being formally invited by his friend, the victim AJL, to spend a few days of vacation at her private residence located in the municipality of San Bartolomé de Tirajana. According to the prosecutor's account, the two spent a night out at a well-known German-themed bar, a commercial establishment located inside the Sandía Shopping Center in this southern tourist town.
The factual reconstruction detailed by the prosecution establishes that, during her time at the nightclub, the victim consumed two or three cocktails, in addition to sharing several shots with the defendant. Upon returning home, AJL stated that she felt unwell due to the significant amount of alcohol consumed. For this reason, the woman went directly to her bedroom, removed her clothing, and lay down on her bed wearing only a t-shirt and underwear, intending to go to sleep.
The defendant, MS, immediately entered his hostess's bedroom and sat on the edge of the mattress. Despite the victim explicitly demanding that he leave the room and go to her own bed, she fell into a deep sleep within moments due to her intoxicated state. The Public Prosecutor's Office maintains in its arguments that the defendant acted with full knowledge and intent to sexually assault his friend. To this end, the defendant allegedly took advantage of the fact that the woman was completely unconscious, a medical condition of latent chemical submission that entirely nullified her physical capacity to respond or defend herself.
The indictment details that the foreign national touched the victim's entire body without her consent, focusing particularly on her breasts. He then removed her underwear, inserting his fingers into both her vagina and anus, and performed oral sex on her. Later in the assault, the defendant spread the woman's legs and attempted vaginal penetration with his penis, an act he was ultimately unable to complete.
The prosecution's legal assessment determines that MS's conduct constitutes all the elements of a sexual assault offense as defined in Articles 178.2 and 179 of the Spanish Penal Code. The prosecution emphasizes that the events must be judged under the reform introduced by Organic Law 10/2022 of September 6, legislation that was fully in force at the time of the incident. Given the lack of a prior criminal record for the accused and the absence of any mitigating or aggravating circumstances, the prosecution directly requests a severe prison sentence.
The list of measures requested by the Public Prosecutor's Office for the judicial district of San Bartolomé de Tirajana includes absolute protection for the victim once the prison sentence is completed. In addition to the defendant's absolute disqualification from holding public office, the document demands a strict restraining order prohibiting him from approaching AJL within a minimum distance of 500 meters. This perimeter restriction will apply to the woman's home, her schools, workplaces, or any public space she frequents regularly. Likewise, a total ban on communicating with her by electronic, telematic, written, verbal, or visual means is established for an identical period of ten years.
The prosecution adds that the German defendant must be subject to a ten-year period of supervised release, to begin immediately after serving his prison sentence. Regarding civil liability, the prosecution demands that MS compensate the victim with €10.000 for the serious moral damages inflicted. The legal document expressly requests the court to order that this sum accrue legal interest plus two percentage points from the date of the ruling, thus guaranteeing financial compensation for the victim, who has exercised her right to pursue all available civil remedies.
