The Criminal Chamber of Superior Court of Justice of Andalusia (TSJA) confirmed the sentence of five years and one day in prison for a man accused of abusing his 11 year old niece with whom he lived with his parents in a house in the capital Córdoba between 2014 and 2016.
As stated in the judicial resolution rejecting the defendant’s appeal, on July 11, 2023, a sentence was handed down by the second section of the court. Provincial Court of Córdoba in which he included as proven facts that between November 1, 2014 and July 1, 2016, date on which, for economic reasons The minor (born in 2005) lived with her parents at the home of her uncle, her father’s accused brother, located in the capital.
The minor’s uncle, taking advantage of the trust he had with his niece, then aged 11, as the sentence specifies, at nap time, in his room, I left the cell phone and when she was having fun, in order to satisfy her sexual desires, he began to touch her, after which he pretended to be asleep, which the minor took advantage of to leave the room. There is evidence that these events occurred at least three times during this period. »
The Court considered him to be the author of a crime of sexual abuse minors under 16 years of age sentenced to five years and one day from prison; and the penalty of prohibition from communicating by any means or process and from approaching the minor’s home for 8 years. Furthermore, impose on the accused eight years probation as well as compensation to the young girl of 12,000 euros for moral damage.
Faced with the argument of the accused’s defense that he is sleepwalking, in his appeal before the TSJA, the court considers that “neither the appellant specifies the passage in which he makes such a declaration nor in any case does he is credible that the accused, on several occasions and on different dates, he was sleeping when, after having accepted his niece in her bed, He applied himself to caressing her, roaming her body, allowing her as much as possible to pretend to sleep while doing so with the obvious aim of satisfying his libidinous desires.
It is also normal, adds the court, “that the young woman maintained for years in reserve the keys suffered by only entrusting them to their closest environment in June 2020, a delay often observed in cases like the one in question concerning the abuse suffered by minors, especially when generated by members of their family. family environment, “The delay is due both to the incomprehension of the meaning and the real scope of the facts and to the fear of the consequences of their disclosure, expressed in the present case by the minor herself.”
The minor, according to the judgment of the Superior Court of Andalusia, “maintained her story in a stable and coherent manner and without relevant contradictions, both in his initial revelation expressed to his family and a friend and in his manifestations in the instruction phase and in plenary session.
