A Disabled Woman Raped In A Cemetery In Murcia, has a mental age of 5 or 6 years of age say doctors who examined her.
A 66-year-old male resident of Moratalla, Murcia, has been sentenced to seven years in jail and ordered to pay his 66-year-old victim 10,000€ compensation, for a series of rapes in the town’s cemetery, a place the male visited regularly, with a court hearing how he had raped the woman there on three separate occasions, one time in the toilet block of the cemetery, a second time in a pantheon, and a third time on a tombstone.
The defendant claimed in court that the accusations against him were lies, invented by neighbours of his victim, to incriminate him.
At the hearing, in Murcia Provincial Court, it was heard how the female victim, described by examining doctors to have a mental age of 5 or 6 years of age, suffers from both physical and mental disabilities, having had meningitis as a child, which left her with paralysis on the left side of the body, and impaired hearing, with a disability level of around 75%, and reported by the Murcian Institute of Social Action (IMAS) as having an “intellectual disability” and being “psychologically impaired”, with no school education, and needing a helper every day to assist her in washing and getting dressed.
A forensics report, read out to the court, said, “The woman’s communicative capacity is clearly affected in both in her ability to transmit, and in her ability to understand what is being said to her. She shows a significant limitation in hearing. This, together with not knowing how to read or write and not having been trained in any alternative means of communication, makes it very difficult for her to understand the questions clearly, and would not have the capacity to give valid consent at the time to allow sexual intercourse”.
Given the victim’s obvious disabilities, no statement was available from her, but her son did state in the court that although he had not witnessed it, he knew the man had raped his mother on more than one occasion, and that the family had, in fact, retracted a report against the defendant on a previous occasion, due to his ill-health and age.
In summing up, the judge said, “The testimony of the accused to the court is neither credible nor convincing, and is quite the opposite of the truthful, sincere and uninteresting account offered by direct witnesses”.
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