The criminal court number 3 of Pontevedra has condemned for sexual abuse of a man who slapped a woman’s ass, without her consent, in a nightlife venue in the city of Pontevedra.

The head of this court concludes in her judgment that a person’s buttocks are considered “private parts” and that slapping someone in that area has an “unequivocal” sexual character that “undermines” the sexual freedom and indemnity of the victim.

The accused has been convicted to pay a fine of 3,240 euros, at a rate of six euros a day for 18 months, although the private prosecution requested two years in prison.

The woman who reported the abuse She was with her friends at the bar and the defendant approached from behind and slapped her, a behavior that the Prosecutor’s Office did not consider a crime.

The judge, however, highlights in her resolution that the girl “did not consent” to having her buttocks touched, something that the perpetrator knew because “he executed it when the complainant was found on her back”.

The judgment confirms that the slap on the ass is “a true and proven fact” by viewing the recordings of the local security cameras.

Try to identify

The judge believes, despite this, that it has not been possible to prove “all the subsequent vicissitudes” that the victim declared in the trial about the collaboration or lack of collaboration of other men present at the scene to identify the perpetrator.

“They would enter into the realm of the personal considerations of each one of them about whether at that moment they should, wanted or could help the complainant, but always in a field alien to criminal law “, insists the judge.

The victim claimed that this defendant had told him “whatever you call the police you are going to have a lot of problems”, but the magistrate indicates that the accused denies it and, even admitting that he uttered said sentence, it would not have criminal significance.

In this regard, the judge acquits a second person who had also been denounced for these eventsIn this case, a civil guard co-worker of the victim who was also on the premises and accused of threats and coercion.

After the incident, when the girl tried to identify the perpetrator, several clients of the establishment addressed herO, among whom was this second man, but “there is no evidence that he directed the same offensive or threatening expression at all.”

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