The Public Prosecutor's Office has filed its provisional indictment with the Provincial Court of Las Palmas in a summary proceeding, requesting an 11-year prison sentence for each of the two defendants, MALA and JAOD, for the alleged crime of sexual assault. The events, according to the Prosecutor's Office, occurred in the early hours of April 30, 2018, at a store in the Puerto Rico Shopping Center in the municipality of Mogán.
According to the indictment, the victim, a 17-year-old Dutch girl, met both defendants at the Energy pub, where she danced with them for part of the evening. At one point, the indictment alleges, defendant MALA followed her into the men's restroom and, despite the victim's refusal, pushed her against the wall and sexually assaulted her.
Once the young woman was able to leave the bathroom, the prosecution reports that the other defendant, JAOD, sexually assaulted her in the women's restroom. During this second assault, the prosecution adds that the defendant recorded the victim with his cell phone and only agreed to delete the recording in exchange for the minor's consent to perform a sexual act on him. The prosecution emphasizes that the victim, in a state of shock, did not resist.
The Public Prosecutor's Office classifies the events as a crime of sexual assault and considers MALA and JAOD to be co-perpetrators, although it specifies that there is no evidence of a prior agreement between the two to commit the assaults. Therefore, it is requesting a sentence of eleven years in prison for each of the defendants, along with a series of accessory measures: absolute disqualification for the duration of their sentence, a prohibition on approaching and communicating with the victim for a period of fifteen years, and six years of probation, which includes the obligation to participate in sexual education and training programs.
Regarding civil liability, the Prosecutor's Office is requesting that both defendants jointly compensate the victim in the amount of 20.000 euros for the physical injuries and moral damages suffered. The proceedings, which are now before the Provincial Court, establish these conclusions as provisional. The final determination of the defendants' liability will be left to the court, which will issue its ruling after the trial.
