Carlos Baño León’s criminal lawyers are legally assisting an Irish girl who was object of a sexual assault a year ago in Benidorm.

Our criminal lawyers had appeared and are present in the criminal proceedings and have requested the examination of forensic evidence for the confirmation of the rape.

The practice of this report has been positive and supposes a further step towards the prosecution of the only accused, an English citizen who that day approached a girl, who was in a group with several friends in a cafeteria.

Obviously we are not going to detail the event that took place but we want to provide a series of tips to ensure that potential victims can see their right of defense fulfilled.

In this specific case the girl after suffering sexual assault returned to the apartment where her friends were and they went to a police station in Benidorm and there filed a complaint against the aforementioned.

The state mechanism to protect the victims of sexual assault crimes was immediately activated and she was right away attended at the Villajoyosa’s Hospital, whose department of gynecology issued the relevant medical certificate that is stated in the actions.

The next day the girl, who put a complaint in the police station and went to the Court of Benidorm in order to ratify the said report and that same day she went back to her country, Ireland, since she had already a flight booked and she had to come back to her country due to labor reasons.

Sexual assault

Her departure and the fact that until recently a legal defense team wasn’t appointed, caused that the judicial procedure has been practically paralyzed due to the workload of the Courts and the fact that the procedure was not pursued by a lawyer specialized in criminal law, since among others, it is an essential task of a criminal lawyer to promote the procedure through the examination of evidence so that the procedure evolves until it is finished in order to start the trial. The examination of the evidence is a fundamental object of the criminal proceedings since the necessary evidence is studied so that on the day of the trial the guilt of the investigated person is proved.

This diligent action by a criminal lawyer is especially important in a sexual assault crime, and to avoid the impossibility of finding evidence that many times the passage of time provokes.

Whenever a foreign customer consults us after a situation of this type occurs, and that it is, after filing a complaint, he or she must appoint a lawyer to act on his or her behalf in the criminal proceedings because if the criminal proceedings are not made, it is conditioned on the general progress of the Courts and the many cases that they accumulate.

In the case of our Irish client it will be enough as a step that the examination of evidence was requested and they couldn’t put it on practice due to the fact that the witness wasn’t found. And this was enough reason so that the procedure remained a little bit on standby.

We will not tire of repeating the importance of the examination of the evidence after the commission of a crime, either medical as in this case or testimonial evidence as in the case of our client and that wasn’t carried out due to the fact that she had to take a flight next day.

Now the various witnesses, who have not testified yet, will have to testify on the day of the trial because criminal lawyers of Carlos Baño León are going to ask for this evidence, but it will depend on what the judge decides about the practice of this evidence that wasn’t carried out in its day. Apart from the fact that it can always be used by the defense lawyer in defense of his client claiming defenselessness because the evidence does not appear in the preliminary investigation, which is where this type of evidence should normally be practiced and this is so that the parties can exercise their legal right of defense and therefore the principle of due process is fulfilled.

We must not forget the importance in Criminal Law of the principle of presumption of innocence, by which any citizen has the right to be protected. Thence the importance that the judicial procedure does not suffer from defects that can be alleged in its day reporting the infringement of the right to presumption of innocence and that can motivate the future nullity of a possible sentence of conviction.

Consult our criminal lawyers as a good prior advice is a guarantee of success in any legal action you will undertake later.

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