The Barcelona judge who received the complaint of sexual abuse by Aída Nízar against the former deputy of Sumar Íñigo Errejón has archived the case, having prescribed the crime that the former Big Brother contestant and television collaborator attributed to the former politician. According to Nízar, the events would have occurred in 2015, so they have already expired.
In an order, advanced by the EFE agency and which elDiario.es has been able to confirm, the judge declares the crime of sexual abuse and the lack of unjust harassment that, according to the law applicable at that time, Nízar attributed to Errejón, time-barred, and gives for extinguishing his criminal responsibility.
As reported by the Superior Court of Justice of Catalonia (TSJC), the complaint has been filed considering, as the Prosecutor’s Office had requested, that the reported facts are statute-barred. “With the filing of the procedure, all criminal responsibility of the accused in this case is extinguished,” adds the TSJC.
Aída Nízar filed a complaint at a police station in Marbella (Málaga) against Errejón on October 29, 2024, almost ten years after the reported events and four days after the former deputy resigned. Although initially the former Big Brother contestant reported that the events had occurred in the Auditorium of the Complutense University of Madrid, she later clarified that they had happened in Barcelona, which caused the case to end in the Catalan capital.
The events reported by Nízar date back to 2015. The television collaborator, who then worked in a Catalan magazine, went to cover a political event of the Comuns in which Errejón participated. According to Nízar’s version, the politician “pounced” on her and kissed her cheek.
Faced with this situation, according to the complaint, Nízar abruptly moved away from Errejón, but he approached him again and gave him “a strong spank on the buttocks” in the presence of several people.
The Barcelona court, without carrying out any diligence, received the collaborator’s complaint, filed in Marbella (Andalusia). Even before collecting the addresses of the complainant and the accused, the judge has concluded that the facts attributed to Errejón are statute-barred. In short, the principle of retroactivity favorable to the prisoner must govern and the most favorable law must be applied to him.
In this case, the most favorable rule is the one in force on the day of the reported events (organic law 5/2010 of June 22), by which the accused could be sentenced to a maximum of 3 years in prison, which implies that the facts prescribe in a maximum of 5 years, and in this case more than nine have passed.
Errejón continues to be investigated by a Madrid court for an alleged sexual assault on actress Elisa Mouliaá. Both the artist and the former politician are scheduled to testify on January 16.
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