Guipúzkoa's public prosecution is seeking a 43-year prison sentence for an osteopath accused of sexually assaulting ten female customers, one of whom was ... a minor, at his practice in Tolosa between 2010 and 2024.
The man has been in pre-trial detention since 2 February 2024. During this time, his defence team have applied at least four times for his release before the Tolosa magistrates' court or the Guipúkcoa provincial court. The most recent application was this past September but, like the previous ones, the court dismissed it.
In all these cases, the main legal justification for keeping the defendant in custody has been the "reasonable" risk of absconding in view of the severe sentences sought by the prosecutor, which "exceed 40 years".
The defendant is of foreign origin and, although he settled in Tolosa years ago, he has family in other regions and countries, which may "contribute to that risk of absconding".
The prosecution has charged the defendant with two counts of continued sexual assault, for each of which it seeks a prison sentence of eight years (16 in total); a further two offences of sexual assault, carrying a sentence of six years each (12); one offence of sexual assault for which it is seeking 13 years' imprisonment; and a further offence for which it is seeking two years' imprisonment. It is also seeking a ten-year sentence for six offences of sexual abuse.
The court has noted that there is "reasonable suspicion of criminal activity" in the events described by the ten victims who lodged complaints with the Ertzaintza (Basque Country police) in 2024.
One of the victims was 17 years old at the time of the incident. She was one of the two women who lodged the complaints that led to the osteopath's arrest on 21 January 2024.
The defendant was released on bail after giving a statement, but the judge ordered his remand in custody on 2 February, after receiving four further complaints in the days that followed. There are now ten complainants in total.
The youngest victim explained that she had gone to the clinic because she was experiencing pain "in her shoulders, jaw, back and neck". During the treatment, the defendant allegedly touched her genitals and her tongue without her consent.
Another patient reported that, in 2020, while she was lying face down, the osteopath allegedly stroked her buttocks, one breast and her private parts "on multiple occasions".
One of the women stated that, in April 2010, she visited the defendant's practice because of a problem with her sacrum, while others complained of back, neck, shoulder or ligament pain. The defendant, however, did not confine himself solely to these areas.
The defence team have also requested that the court set a date for the oral hearing as a matter of priority and urgency, given that their client had spent two years and seven months (now eight) in prison.
The court, however, considers that "the procedural deadlines for the assessment of the private prosecution" must be respected before setting a date.