The Andalusian Supreme Court of Justice (TSJA) approved the agreement. ten years imprisonment by Malaga Court for a man sexually abused her nine-year-old son when she gave birth to her youngest and twin in visiting regime after separation from mother. It therefore dismisses the objection made by the defendant’s defense.
As evidenced by the Ninth Division of Málaga and now confirmed by the Andalusian Court in his sentence, defendant left “hostile and with various problems” He pointed out that the children’s mother accepted them at her home in Fuengirola in 2012 and 2013, observing the children’s visitation regime of the defendants.
In the judgment, the defendant “at various times and on various occasions in those years”, “Taking advantage of siesta time and her son being in bed, in a lascivious spirit”, he approached to harass her, “grabbing her wrists to immobilize her”.
The underage parent denied the action, but he was “scared” as his father said that “if he told me what had happened, he would beat him or kill his mother so that he would keep the little one quiet”. These facts, the judgment says, lasted until the child was about ten and a half years oldthe moment when “it succeeded in making an effective opposition to the attack in question”.
When the child was taken to a center, when he felt calm and safe, he told what happened to the technical team who helped him there. As a result of these facts, Little suffered from post-traumatic stress disorder.
For these facts father was convicted of repeated sexual assault on a child under the age of 13, With the prevalence of kinship, violence and intimidation, he was sentenced, like many others, to a now-confirmed ten-year sentence. ten years probation and a ban on approaching and communicating less than 200 meters Your victim for 15 years. Likewise, the payment 15 thousand euro compensation
The TSJA Division rejects the arguments of the defense appeal and points out that the testing did not conclude that “the minor was involved in marital and family conflict. could have been the reason for reporting such incidents to the psychologist at the detention centre. found himself as a result of a conflict not with his father, but precisely with his mother”.
It therefore concluded, as did the Andalusian Court and the Malaga Court, that the minor’s statement was “true and that the credibility of his statement, together with the other supporting elements analyzed, allowed the evidential value of his statement to be confirmed”.