A Moroccan man who is in irregular situation in Spain and had been arrested for an alleged sexual assault against a young woman on Malvarrosa beach in Valencia was released on provisional bail just a few hours after his arrest. The accused also allegedly violently assaulted one of the police officers involved in the procedure.
The decision was made this Monday by the magistrate of the Women's Violence Section of the Valencia Court of First Instance who was on duty. The judge resolved the provisional release of the detainee, following the criteria of the Public Prosecutor's Office, due to the fact that a complaint had not yet been formally filed by the alleged victim.
The judge ordered to locate the alleged victim
According to the Superior Court of Justice of the Valencian Community, the woman could not be located to appear before the court and file the corresponding complaint.
The same sources explained that, in crimes against sexual freedom committed against adult victims, the complaint is a necessary requirement to pursue the facts, according to Article 191 of the Penal Code.
The court, however, initiated preliminary proceedings for an alleged sexual assault and ordered the Security Forces to attempt to locate the woman so that she can testify and express whether she wishes to formally report what happened.
For the moment, therefore, the case remains open and the investigation will need to determine the specific circumstances of the episode.
The detainee allegedly attacked a young woman on the beach
The arrest took place during the early hours of Sunday on Malvarrosa beach, after a witness alerted a Local Police officer about an alleged sexual assault.
According to information released by Spanish media, the man allegedly approached a young woman who was on the beach and, after speaking with her, sexually assaulted her with penetration. The alleged assailant also reportedly tried to prevent the woman from calling for help.
The episode was observed by a man who was at the scene and alerted a police officer patrolling the area, near post 2 of Malvarrosa beach.
