Pamplona (EFE)

The head of the Investigating Court number 5 of Pamplona accuses the investigated of a crime of sexual assault with violence, punishable by between 10 and 15 years in prison, the TSJN has reported.

In the appearance held this Monday, the prosecutor has requested the entry into provisional detention of the accused, a request to which the private prosecution has adhered. The defense, for its part, has advocated for the release and has proposed that less burdensome measures be interposed, such as telematic control.

In the judicial resolution, which can be appealed, the judge nevertheless considers provisional detention pertinent, considering that there is “an imminent risk of flight, since, from the documentation that appears in the report, it is verified that he is a foreigner, without roots family, social or work”.

The victim offers a credible account

Specifically, according to the record, when the person under investigation was a minor he was sheltered in a center in Marcilla and currently lives in Pamplona in an apartment belonging to an aid association, with four other children, supervised by educators.

Regarding the indications of criminality, the magistrate points out that the test carried out on the minor is credible. The victim, she adds, “presents a coherent story without contradictions.”

In addition, the judge highlights that the procedures that have been carried out (police investigations and medical and forensic examinations) show evidence compatible with the facts denounced.

“Nil collaboration” of the defendant

“There are indications that the person investigated may have committed an alleged sexual assault on a child under 12 years and 11 months” and that “said assault may have been carried out with violence,” says the judge, who qualifies the facts as constituting a crime of sexual assault (rape).

Regarding the investigated, the judge highlights his “zero collaboration” to obtain DNA samples and the analysis of the contents of the phone. She also indicates that she has invoked her right not to testify and, therefore, has not provided a defense version of the alleged facts.

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