Canarian Weekly – One year in prison and a 14,600 euro fine for sexually harassing two women in a nightclub in Tenerife

The Supreme Court of the Canary Islands (TSJC) has upheld a ruling by the Provincial Court of Tenerife, which sentenced a man to one year and three months in prison and a fine of 14,600 euros for sexually harassing two women, one of whom was a minor (under 18), in a nightclub in the south of Tenerife.

The 43-year-old Italian was found guilty of two counts of sexual abuse and sentenced to pay 1,000 euros to each victim, with the remainder to serve as a fine.

The incident occurred in August 2022 between 3:30 and 4:30 a.m., when the man, without the consent of the victims, repeatedly touched one woman under her dress and penetrated the other with his fingers.

In his appeal before the TSJC, the defendant argued that the verdict was “irrational” and that there was no evidence against him. However, the court noted that the statements made during the trial were “comprehensive.”

Three women testified during the trial: the two victims and a friend who had accompanied them that night. They admitted to having consumed “moderate” amounts of alcohol, but denied being drunk. This statement was confirmed by the police officer who arrived at the scene.

The officer described the women as “young, sensible and level-headed,” although he noted that one of them appeared “distraught and overwhelmed,” which he attributed to the attack.

The defendant claimed that the officer’s testimony was flawed due to the passage of time and that he could not possibly have committed the abuse due to his size. These arguments were rejected by the court as “without any basis” and required no further comment.

The court also rejected the defense’s argument that poor lighting and darkness in the nightclub had led to a mistaken identity. Despite minor contradictions in the women’s statements, all three clearly identified the defendant during the trial.

The accused claimed that despite being assaulted three times, the minor remained passive and did not react immediately. Instead, she waited 15 minutes before approaching a security guard. The court stated that the victim was in shock and unable to react. Her friend identified the perpetrator, who was the only person present at the time.

The provincial court suspended the prison sentence for three and a half years, on the condition that the defendant not approach or communicate with the women, participate in a sex education program and perform 60 days of community service.