The Valladolid court acquitted a man of sexual assault on his granddaughter and a nine-year-old friend who claimed to have been touched when they “played” with the accused “catch cuca”. A judgment which does not imply “affirming in any way that they are not telling the truth” but which does not consider the proven facts which have been reported coinciding with a family conflict. “The motive of resentment and latent enmity in the minor’s environment cannot be excluded.”
The complaint filed in 2023 alluded to several episodes in which the accused was accused of sexual assault under the “excuse” of this aforementioned game, the facts included in the sentence have not “been proven”. Specifically, reference was made to several occasions between 2019 and 2020, during which his granddaughter allegedly recounted that when she was alone with him at the accused’s home and in the aforementioned context, he had touched her hands. genitals and had also inserted his fingers into the vagina. On another occasion, reference was made to a day when the girl and another friend of hers had met him in the park and he suggested taking them to a secluded place and playing “tote-all” .
The prosecution had requested 24 years in prison. However, the evidence presented during the oral trial “did not allow us to reach a full conviction of the facts”, affirms the Chamber, which refers to the testimony of witnesses and experts. Among them, those of the explorers who assisted the granddaughter and to whom she explained with a “probably credible” story that “At first, I didn’t understand these acts which started when I was 5 or 6 years old. That he realized what they meant was something bad when he saw Tiktok videos.. After that, the girl said that “they stopped calling him grandfather and started calling him old man, and that for her, her family was dead.” “Thanks to me, that’s why we’re here,” the little girl’s friend told experts. She said the accused’s granddaughter told her about these “games” and “she was afraid to say it, but she could because it had nothing to do with it” and she referred to the aforementioned day when they met in the park and “when he caught them, he spanked them on the ass”. The accused’s daughter was present that day and saw the girls walking away and losing sight of them along with her father. When they returned, he asked them what they had done and they replied that they were playing “catch up”.
The accused, for his part, denied everything and indicated that he had “poor relations with family due to problems with his wife due to his social networksand turns the children against him. A context that the sentence indicates could have “suggested” the minor “in the interpretation of her memories and influenced by the rest of the female members of her family regarding their abusive content”. »It does not seem that she was unconscious of this climate of resentment towards her grandfather« and «she did not report the facts spontaneously, but was forced by circumstances» when her friend recounted it.
Thus, the hearing of Valladolid appreciates the “inaccuracies” and emphasizes that the touching took place “while the minor herself indicated that she was small and only became aware of her libidinous character years later”, on “the date on in which the events that triggered the complaint of the minor against her grandfather occurred which coincided in a moment of family conflict resulting from the divorce proceedings of her grandmother” in which the mother of the young girl “stands at his side” and even if “she claims to be neutral, she does not hide the animosity she has had since childhood”. feels towards his father.
