The law prevents a person from being tried twice for the same facts, but the truth is that Ionut CM sat yesterday for the second time on the bench as the alleged perpetrator of the rape of his girlfriend in Zaragoza. But he did it because a recording error recorded on December 14, when the trial was held, has forced the Provincial Court to repeat the hearing. And although some of the parties could have taken advantage of the unusual circumstance to review their version of what happened, both the accused and the victim have insisted on what they already said. The first has recalled that they had been dating for almost two years and has assured that it was a fully consensual sexual relationship. The girl has acknowledged that she got into bed with him voluntarily, but has made it clear that she never agreed to have anal sex with her partner and there was a time when he had to yell at him to stop because he was hurting him so much.
The Prosecutor’s Office and the private prosecution have requested a 10-year prison sentence for the alleged aggressor, who has returned exclusively to answer the questions of his lawyer, Carmen Sánchez Herrero. For this, the court cannot impose such a punishment when there is talk of an excessive use of force and there is no part of injuries. The lawyer has taken advantage of her report to remember that the forensic experts recognized the complainant and He only referred them to a strong anal pain “which could be compatible with a sexual assault but also with constipation”. For the defense, behind the complaint there could be spurious reasons. And it does so because the girl initially told the accused that she was not going to report and is currently going out with a friend of his, who was in the living room of the house where the alleged rape occurred on August 13, 2020 and despite Hearing shouts of “stop, stop” he chose to continue watching television.
“I heard: ‘Stop, stop, that’s not it’. She left the room crying and he went to the bathroom laughing, “said the witness.. “I didn’t intervene because since he was drugged he didn’t know how he was going to react, I preferred to stay watching TV. When they came out, I saw the panorama and I left there”, he added. The young man has also explained that it was the next day when the girl told him what had happened. “Apparently he got on top of her and wouldn’t let her move. Like the rejection made him more, ”he recounted.
During her statement, the victim has admitted that she even told the accused that she was not going to report him. The girl has also confessed that she did not want her to find out about her or her family or anyone.
“It was his threats that made me finally go to the police. Because he sent me an audio message in which he said that if I told anything I would regret it, that he would send me people. I was and still am afraid. I can’t even get on the bus or the tram by myself,” she said.
The accused is currently in provisional prison for this cause, since the investigating judge issued a restraining order and he got rid of the security bracelet that was placed on him. To prove that the alleged aggressor is a violent person, the private prosecution has recalled that he was denounced by his own mother, which led to another restraining order.