JAN, 23 (EUROPA PRESS)
The Second Section of the Jan Hearing has sentenced a 39-year-old soldier accused of sexually assaulting the daughter of his former partner to two years in prison, when the girl was between seven and nine years old. Specifically, he is convicted of a continued crime of sexual assault.
Although initially the Public Prosecutor and the private prosecution described the events as a continued crime of sexual abuse for which they demanded five and a half years in prison, the court has applied the Law known as “only if it is yes” and sentences him for a continued crime of sexual assault to two years in prison for considering that “the attacks on the sexual indemnity of the minor were fleeting and over the clothes.”
In addition to the prison sentence, the sentence, to which Europa Press has agreed through the Andalusian Superior Court of Justice (TSJA), imposes five years of probation, special disqualification for any profession or direct trade with minors for a period of six years and a five-year ban on communicating with and approaching the victim, who must be compensated 6,000 euros.
The ruling states that the minor was between seven and nine years old at the time of the events and that the acts described by the minor “involve an unequivocal sexual content and violate the sexual integrity of the minor.”
The court emphasizes that the account of the facts made by the victim since the beginning of the investigation “has been essentially persistent” and that “the lack of specificity in space and time of the different episodes does not detract one iota from the persistence in the incrimination” .
The now convicted man was already tried in October 2022 by the same section of the Jan Hearing after being accused of raping his cousin sister since she was nine years old and for seven consecutive years. In this case he was acquitted, although the sentence is currently under appeal before the Superior Court of Justice of Andalusia (TSJA).
In the new case tried at the Jan Hearing on December 20, the minor testified by videoconference and recounted that when her mother had relations with the defendant, with whom she has a son, she subjected her to various kinds of touching on two occasions. sexual.
She declared that at first she told her friends, but she finally ended up telling her paternal grandparents, who were the ones who finally uncovered the alleged case before the parents, as the first step towards filing the corresponding complaint in December 2020.
“I didn’t want to be alone with him, but I had to stay,” said the young woman in court, while acknowledging that her relationship with the defendant was never good because “I didn’t like him and I saw him as a bad person.”
The now convicted man defended himself at trial saying that it was all a “lie” and that he was never left alone with the little girl. However, the professionals from the Márgenes y Vánculos Foundation have declared as expert witnesses that the testimony of the minor is “credible” and that the symptoms that the minor presented at the time of the psychological examination were “compatible with having suffered sexual violence”, argument shared by the court.
The sentence is not final and can be appealed before the TSJA.
