A squatter was sentenced this Tuesday to nine years in prison for sexual abuse of a developmentally delayed woman he met while working as a valet in Malaga and the one he took home squatting with the excuse of helping him. He Superior Court of Justice of Andalusia (TSJA) declared it proved that the man, aged 60, sexually assaulted of this young woman aged only 19 and suffering from an intellectual disability, of whom the attacker was aware and from whom he took advantage.
It all happened in the middle of July 2019. Due to an ankle injury that prevented her from climbing the stairs of the house where she usually resides with her sister, she contacted the squatterwho offers him to stay for a few days in the house he squattingwith another couple and their children.
Thus, the young woman moved to the said house where she had to share a room and bed with the defendant and one morning the accused, who knew about intellectual disability that he suffers, to satisfy his sexual urges, after having closed the latch of his bedroom door, he pushed her towards the bedaccording to the sentence.
At that point, the resolution says, “by grabbing her firmly” and removing her clothes, he abused the woman he “She screamed to leave her and not touch her.””, to which the defendant “replied that he would be silentthat he was going to wake everyone up, and that If she told her family, he would kill her.“.
For these facts, he was sentenced to crime of sexual assault on a particularly vulnerable person because of their mental disability and it was imposed nine years in prison and the ban on approaching the girl at a distance of less than 300 meters as well as communicating with her for twelve years.
A measure of probation for a period of five years, which will be executed after compliance with the custodial sentencethe content of which is determined during the execution of the sentence. In addition, he was ordered to compensate the woman for the moral damage caused by 10,000 euros.
The man’s defense appealed against the conviction, but the High Court rejected the decision. Andalusian courtyardrecalling that the Audience The defendant’s conviction was based primarily on the complainant’s statement, supported by various adjacent corroborations; and that the said declaration was understood by the Court with “consistency” and “credibility”.
The sentence of TSJA underlines that the events were discovered when a police team arrived at a building after being informed that a violent argument was taking place on one of its floors, illegally occupied by various people, the police finding themselves on the stairs leading to the portal. the complainant, seated, with a sad face at having cry And discouraged.
Asked what had happened, she said she had gotten into an argument and was attacked by the man who had sheltered her – the accused – because he himself had drunk the drink. bottle of alcohol that she had paid and mentioning that “he had a lot of problems with him, that he was desperate» and that the day before he had sexually assaulted.
Likewise, it is underlined that in the police stations, the young woman reported the events “reiterating what she had declared on the spot to the officers and offering new details”, but “without having suffered contradictions relevant to the beyond simple inaccuracies explainable by mental disability”. The Court ruled out the possibility that this could be a fabrication.
For him Court of appeal, “the right to the presumption of innocence of the accused was not violated, since sufficient evidence of the accusation was presented in plenary to weaken it, which benefited from consistency sufficient to cause the decadence of the said principle, and it has not been proven that there is a manifest error in its assessment which must be corrected.
Thus, he rejects the arguments presented by the defense in this sense and also concerning the intellectual deficiency of the young woman, confirming “both the objective element of the existence of an intellectual deficiency which seriously affected the capacity of judgment and reasoning of the victim, that the subjective element consisting of knowledge and use of this situation.
