The one from 2022 until recently was a guitarist of Dead LendakarisIván Carmona, has been acquitted of the crime of sexual aggression of which he was accused, after a woman denounced in the month of November that he had pinched the nipple in a bar of Pamplona, causing his expulsion from the band.
In The trial, which took place on April 3the complainant declared that being in a bar, the defendant, whom he had known for eight years, arrived and gave him “some touches in the cap” that she carried with the aim of disturbing her. Moments later, she went to ask for a drink from the bar and the defendant “pinch the nipple”, which made her stay “crying, blocked” and suffered “an anxiety attack.”
«He came to tell me that I was an exaggerated to complain about the cap. The waiter himself had told him to stop doing it because it bothered me. And then he tells me that among his friends they greeted his nipples. And it touches me. The area looks for me. I was frozen, in shock, crying, and for him it was like a game. I told the waiter if I had not seen what had happened, because I was right in front, serving a cane. And I told him that it could not be that that happened in his bar, where he thought he was going to be safe. And he replied that yes, but that it was a rocker. What I want is to be sure in a public space. I felt bad, my reaction was that we had to set limits and left me alone. It seemed like he could touch me because he wanted, and he did it in front of the waiter, ”said the young woman during the trial according to news from Navarra.
For his part, the defendant acknowledged that when he arrived at the establishment he gave the woman the aforementioned touches in the cap, and that she was bothered. When they later coincided in the bar, he pinched “in the arm, and she took her beer and left, without anything else happened.” Two days later a common friend told her that she had denounced him, and in the trial declared that he had suffered “irreparable damage” due to the media significance of the event.
After knowing the complaint, His group separated him explaining his reasons in a statement: «Ivan, dead Lendakaris guitarist will not be part of our group as of today. This morning we have been aware of a judicial process that accuses him of mild sexual assault. For this reason, from the band and unanimously, we have decided to do without it until the process ends and the facts are clarified. We reaffirm that we do not accept any type of abusive behavior by the components of the band or the team ».
This was not the first time that those involved had a disagreement. As it came to light during the trial, ten days before the denounced event, the defendant “touched her ass” to the complainant, according to her version, and she responded by touching the member to him. «He was at the bar, I passed and touched my ass and reacted by holding my hand to the package. It was an act in defense. I felt uncomfortable for doing so and that’s why I sent him a message the next day, ”said the young woman during the trial, who blamed her act to” legitimate defense. ” An allegation that did not enjoy likelihood for the judge, who said: «This judge had heard people who have suffered unseeout touching react by advising a cake, throwing drink to the aggressor, shouting or, the most logical, denouncing the fact; But he had never heard that the complainant’s reaction is to touch an even more sensitive area. That reaction is more typical of a person who wants physical contact than not a person who rejects him. And that the defendant has denied having touched the ass that day the complainant ».
The Prosecutor’s Office, which initially requested 15 months in prisonhe had reduced his request in the trial to a fine of a fine of 18 months to 8 euros per day, in total a fine of 4,320 euros. However, Criminal Court number 4 of the Navarre capital has proved the defendant, noting that the accusation did not request any witness in his favor in the oral hearing and that, however, the direct witnesses, such as the waiter of the establishment and another client, denied the version of the complainant, stressing that at any time they would have witnessed said touch anxiety, as he had assured. Thus, the sentence includes that the “forceful proof of the direct witness of the facts, who has denied both the touch in the nipple and the one that the complainant told her anything after the same or stayed in shock, much less crying.”
On the other hand, the law firm who has led the defendant’s defense has explained in a note that has recommended that “interpose civil and criminal actions, not only against the person who made the complaint, but also against those people, media and associations that air their name and got them to throw them out” of the dead Lendakaris group.
This newspaper has contacted the group’s environment, to know if after this acquittal sentence the readmission of their guitarist will be raised. So far there has been no answer.
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