The abuses occurred in Istanbul between July 2019 and January 2020. Xàbia’s address The accused was living as a tenant in one of the rooms of the house with the mother of the victim and her second daughter, who was also a minor.
sexual desires
The sentence handed down by the court in the Tenth Section of the trial considers that it has been proven that the accused was making use of the moments he was in. left alone with the minor “satisfying sexual desires and undermining the minor’s freedom and sexual compensation.”
Thus, according to the sentence, the defendant, a Venezuelan citizen, sat with the minor in the living room of the house or in his own room. watch pornographic videos with him “on TV or on a cell phone”, as well as on the girl’s own cell phone, touching her breasts, hips and genitals under the victim’s clothing, despite the victim’s refusal.
In addition, in these parts, the accused asked the minor to sit on him “while he did his job”. sensual gestures“And on other occasions he would show his penis to the victim. she “comes to masturbate” in her presence.
The accused denied the facts during the trial and attributed the complaint to a conspiracy It was invented by the mother of the minor to force the accused to leave the house.
I do not intend to harm you
Again, court denies the existence of intent to harm himself emphasizing that the victim’s mother stated that she had a good relationship with the accused as she lived with him out of respect for the family of her deceased husband, who was her husband’s brother-in-law.
He also assured that the defendant paid the rent regularly and that there was no harm in living with him.
The court insists on the same. the little one’s story was persistent he adds as another confirmation that the terminology used in the search for pornographic videos made both at the trial and in the presence of an expert and the minor’s phone cannot be known to him.
According to the judgment, this “leads us to conclude and understand that it was the defendant who did this, or that the accused learned to do it under his direction and control when they were alone and during the sexual encounters described.”
Complaint
The court emphasizes that showing these videos to a friend of the minor enabled the mother to learn the facts and to register her complaint with the prosecutor. Civil Guard without any prior contact with the defendant about the facts.
The sentence therefore gives the accused four years in prison as the author of an article. minor sexual abuse crimealso prohibition of minor to approach for an additional period of six years.
The penalty is subject to appeal before the court High Court of Justice of the Commonwealth of Valencia (TSJCV) within ten days from the date of notification.