- Incident took place at an apartment in the resort of Playa d’en Bossa
- Both men will now serve a three-year suspended prison sentence
Two French men accused of raping a British holidaymaker in Ibiza have escaped jail after agreeing to take a ‘sexual education course’ as part of a last-minute plea deal.
Leon Clement and Ilan Reouven Gabay had previously admitted to carrying out the sex crimes at an apartment in the resort of Playa d’en Bossa on the Spanish party island.
Prosecutors had accused Clement of raping the British tourist after his friend Gabay put his penis into the woman’s mouth to ‘satisfy their sexual desires’, despite her saying ‘she didn’t want to do anything with them’.
The pair were set to be handed 10-year jail terms by public prosecutors at today’s court hearing in Palma, Majorca.
However, their punishment was lowered after they managed to strike an out-of-court settlement at the eleventh hour.
Both will now serve a three-year suspended prison sentence on the condition they sign up to a sexual education course.
Leon Clement and Ilan Reouven Gabay had admitted to raping the tourist at an apartment in the resort of Playa d’en Bossa (pictured)
The indictment stated: ‘She asked them to stop repeatedly, finding herself in a state of shock and unable to offer any resistance despite insisting she didn’t want to do anything with them.
‘As a result of what happened she has been affected emotionally and psychologically.’
The two men did not attend today’s court hearing in the Majorcan capital Palma and spoke via video-link from France.
The court heard how the pair had invited their British victim and friends of hers to their apartment for drinks in June 2016.
She is said to have engaged in sex acts with one of the men willingly before the sex assault.
The case took seven years to come to court for reasons which were not fully explained in the indictment, but were not blamed on the two French men.
Their victim has also renounced the €10,000 (£8,550) public prosecutors wanted them to pay her.
A British tourist was handed a four-year prison sentence at the same court a month ago after confessing to raping his son’s female friend in a Magaluf hotel room.
Spanish public prosecutors said before before David McPaul Wigging’s trial in Majorca on February 5, they wanted him jailed for nine years if convicted of sex attack on May 9, 2023
The 43-year-old also struck a plea bargain deal through his lawyer ahead of the full trial at the Audiencia Court in the island capital Palma.
The pair were set to be handed 10-year jail terms by public prosecutors at today’s court hearing in Palma, Majorca
It was confirmed he would receive a four-year prison sentence during a subsequent brief public hearing, although he will only serve two years behind bars.
The fact he was very drunk when he attacked his victim, who is also from the UK and is understood to be in her twenties, was taken into account as a mitigating factor.
He will be expelled from Spain on May 8 next year once he has completed half of his sentence. The time he has already spent behind bars as a remand prisoner has been taken into account in determining the two-year time limit.
Wigging’s defence lawyer Fernando Mateas said at the time the plea bargain deal he had helped negotiate for his client meant he will be a free man after May 8, 2025.
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