The Superior Court of Justice of Andalusia (TSJA) confirmed a four years in prison for a young man accused of sexual abuse and continuously of her little cousin when he was left alone with her in a room during the visits the family made to their home.
The High Court of Andalusia forbidden Besides the accused approach within 500 meters and communicate with the minor for a period of six yearssince it imposes six years of supervised release, which banned from working with minors for eight more and requires him to pay civil liability of 5,000 euros plus interest.
The sentence is considered proven between April and May 2021, the youngest who was 12 years old the old man went with his mother to visit your aunt at her home in Almería So, once there, the minor went to a room with her cousin to play video games while their respective mothers were in other rooms of the house.
The accused thus took advantage of the fact that they were both alone in the room to caress certain intimate areas of the minor “always over the clothes”which happened “between three and five times” despite the fact that The teenager told her cousin not to touch him and pulled his hand away, until she was forced to leave the room when he did not respond to her requests.
The last episode of this type of abuse took place on May 21, 2021, and although the minor He didn’t tell his parents “out of shame”“she told a friend” in high school, who in turn told a teacherwhich resulted in the activation of a protocol.
For his part, even if the accused is diagnosed with paranoid schizophreniait was not considered proven that at the time of committing the acts “his intellectual or volitional faculties were nullified, impaired or affected in any degree.”
The court rejects the appeal promoted by the defense of the condemned by not appreciating the contradictions in the version supported by the minor throughout the process in which she recounted the abuse to which she was subjected despite the “excessively shy, very introverted” personality of the young girl since, even the first examination ” ” This was not done in conditions entirely favorable to confidence in their interlocutors. »
“We do not know what the minor declared during the investigation phase of the trial before the judge and the parties in a Gesell room with the intermediary of the psychological technician of the Márgenes y Vínculos Foundation, because the recording of this declaration was d ‘such poor quality that it is inaudible (…) but what is certain is that he confirmed to the technical expert during the evaluation interviews that the touching also affected the genitals», Explains the Appeals Chamber.
Thus, he uses the statement of the expert, who noted that the minor, during the interview, “He was unable to verbalize the contact with the genitals in words, but instead pointed out the area on a sheet of the human body.” because of the “shame” and “shame” he felt. This version was corroborated two years later during the trial by the victim herself.
Concerning the defense’s allegations according to which the minor “would not have reacted to prevent the touching”, the court “categorically” rejects this condition for modifying the sentence since the victim is a minor under 16 years old and the absence or non-consent “is simply irrelevant.”
Nevertheless, he points out that it was proven that when the abuse occurred, the girl “protested, removed the accused’s hand from her body as a sign of disapproval of the touching, and as this failed , she chose to get up and leave the room.” “room” to “free himself from a situation that he neither understood nor accepted but which he did not want to reveal out of modesty, shame, shyness and lack of security”.
