Colombian Man Convicted of Flatmate Assault in Andorra Faces Appeals from Both Sides

A 33-year-old Colombian resident convicted of sexually assaulting his flatmate has prompted appeals from both the prosecution and defence at Andorra's Tribunal Superior de Justícia.

The Tribunal de Corts sentenced the man to six years in prison, with 20 months to be served—equivalent to his pre-trial detention—plus 15 years' expulsion from the Principat and a 12-year restraining order against the victim. Prosecutors now seek a nine-year term, matching their original trial request, while the defence calls for acquittal due to lack of evidence.

Prosecutors contend the sentence favours the defendant because of his foreign status, which permits substituting part of the prison term with expulsion under article 65.3 of the Penal Code. This execution method shortens actual jail time, though re-entry before the expulsion ends would trigger the full original sentence. An increase to nine years would limit substitution, lengthening effective imprisonment, and article 61.1 requires substantial terms to be unconditional.

The defence has held firm that the conviction lacks sufficient proof, aligning with their trial position.

The incident occurred at the shared home where the victim lived with the accused and her partner, who employed her. During the 14-15 January trial, the defendant denied the claims repeatedly, but the victim offered a steady account of the assault. Proceedings were complicated by the intertwined living and work relationships.

Corts found the charge proven through the victim's credible testimony and supporting evidence, though it cut three years from prosecutors' demand. The Superior Court will assess the appeals to confirm, adjust or modify the penalty.