Man sentenced to suspended sentence for sexually assaulting young girl unable to resist

The Leiria Judicial Court on Tuesday sentenced the defendant to five years’ imprisonment, suspended, for the crime of sexual assault of a person incapable of resistance, of which a man was the victim in October 2022.

The suspension of execution of the sentence is for five years with a probationary period, and the accused was also ordered to pay the injured party five thousand euros for non-pecuniary damage and about 2,700 euros to the Hospital Center of Leiria for the costs of care, medical services provided to the victim.

The defendant was charged with aggravated rape, and before reading the decision, the presiding judge announced a minor change in the facts and legal qualifications.

The collective court found that the defendant and the victim were accompanied by the same institution, and that the victim was born female and began a “gender change that has not yet been completed.”

According to the ruling, on October 2, 2022, they consumed alcoholic beverages and marijuana, causing the victim to pass out at the defendant’s home. There, the accused had vaginal and anal sex with the victim without a condom, despite the presence of an infectious disease, but noting that there was no transmission of the virus.

The panel of judges also found it proven that the victim had never had vaginal intercourse or a relationship with a man, emphasizing that the accused intended, while she was unconscious, to satisfy her libidinal instincts.

According to the court, the defendant’s statements that there was consent were “not credible,” and this was, among other things, contradicted by the personal examination of the injured party.

“The collective court was in fact convinced that [o ofendido] he was unconscious when he was sexually assaulted,” the court judge said.

As for the punishment – the crime is punishable by up to 10 years’ imprisonment – the judges said the five years’ prison sentence was “adjusted and proportionate” which “can also meet special prevention needs”, specific and general.

In deciding on a suspended sentence, the court took into account the “almost homeless condition” of the defendant, who is supported by an institution and has no criminal record, as well as the fact that he is undergoing treatment for drug addiction, recognizing that the commission of this crime was a “situation without example”, therefore he is given a new opportunity.

“Sex is a matter of responsibility and should be done by people who understand the scope and significance of these acts and agree to perform them,” the presiding judge added, adding that “that was not the case here.”

On October 14, 2022, the Judicial Police (SP) announced the arrest of a man suspected of rape in the city of Leiria while under the influence of drugs and alcohol.

“The events took place earlier this month in the city of Leiria, in a trusting relationship between the aggressor and the victim, in a scenario of drug and alcohol use that robbed the victim of the ability to resist,” the SP said. the statement says.

At that time, according to the joint venture, the accused was 43 years old and the victim was 23 years old.