THE First Section of the Court of Navarre sentenced to 2 years in prison a defendant who had continuously abused a girl under 16 years old.
The facts declared proven in the sentence, pronounced in accordance with an agreement between the prosecution, the private prosecution and the defense, constitute a continuous crime of sexual abuse of a minor under 16 years of age with the agreement of the highly qualified mitigating agent to repair the damage.
The accused, originally from Pamplona and 56 years oldwill not be able to communicate or approach the victim within 300 meters for 5 years and, in addition, will have to comply with the measure of supervised release for an additional period of 5 years, according to reports from the Superior Court of Justice from Navarre.
As civil liability, the convicted person will compensate his daughter with 10,000 eurosan amount that had already been deposited in court before the trial, which is why the aforementioned mitigating circumstance to compensate for the damage was estimated.
Likewise, a special ban was imposed on the defendant from exercising the rights of the parental authority, guardianship, curatorship, custody or family placement for a period of 5 years.
Before the agreement reached between the parties, the prosecutor requested a sentence of 5 years and 6 months in prison.
The accused and his wife adopted two daughters born in 2005 and 2006 when they were 4 and 3 years old. As the judge found, on unspecified dates, but in any case from 2011 to June 2021, the father touched the eldest and, “an unknown number of times, he masturbated while contemplating” his daughter, to whom he also addressed with obscene expressions.
Following these events, the victim “suffered psychological damage which manifested itself in symptoms of anxious-avoidant type (rejection of physical contact), with difficulties in personal and social adaptation, which evolve positively, but which intensified their personal insecuritytendency to withdraw from people, not tolerating physical contact and difficulties in personal and social adaptation.
