The Supreme Court of Justice of the Canary Islands (TSJC) has upheld the 12 years and three months prison sentence given to a man by the Las Palmas Provincial Court. sexual abuse trying to penetrate one partner’s daughter and touch the other’s private parts. The Criminal Chamber rejected the defense’s objection, which claimed there was an error in assessing the victims’ statements, and confirmed that the convicted person must pay compensation of 30,000 euros to each of the minors.
In the decision, between March 14, 2020 and April 7, 2021, The defendant penetrated one of his stepdaughters vaginally and anally multiple times.related to nine years stale. At that time, his partner’s eldest daughter 12 yearsMoreover He tried to touch her vagina.after palpating her neck, face and arms, as approved by the court.
defense lawyer, Pedro Garcia Coupleclaimed that he was the first judgment He stated that the defendant violated the presumption of innocence and that the victims questioned this in their statements before the Court of Inquiry.There is no single specification of imputation facts“. In the opinion of the expert witnesses, since these are insufficient, contradictions cannot be seen or the reliability of the statements cannot be determined.
terrorist regime
“Having reviewed the record, we completely disagree with the appellant’s sentiments and fully agree with the judgment under appeal in which the court examinations of the two minors were analyzed in detail. compared to tests conducted in the presence of police and the results of other tests“refuses TSJC.
The sentence states that it is “logical and normal” for minors to avoid going into details about traumatic events. “Let’s not forget that these are 9 and 12 year old girls. exposed to terrorist regime “For years, the person who was supposed to protect and care for them, their mother’s partner and their half-sister’s father,” the court heard.
The defense appeal points to a possible conspiracy between the sisters, based on a dialogue one of them asked the other during the Investigation phase: “Excellent test, isn’t it?”and the oldest replies, “yeah, yeah, we were crazy.” TSJC rejects this possibility and decides that it is “childish and colloquial language” that allows minors to express themselves “spontaneously and with a certain ease”.
“He offered me to play a game”
In any case, the sentence states that minors provide certain data and this is supported by the Law. evidence worked. “He smelled of sweat”, “he pulled down my trousers”, “he offered me to play on the playground” anyone “He would give me money if I let him”were some of the expressions the sisters used when describing what happened.
Additionally, the judicial decision reminds us that: events took place during the epidemic The defendant had the opportunity to do these things by taking precautions so that the girls’ mother would not notice. “His mother said this several times His ex-girlfriend surprised him by leaving his daughter’s room TSJC insists on a version confirming that the defendant’s epithelial cells were found in the minor’s bed in April 2021. It is possible to appeal against this sentence before the Second Criminal Chamber. Supreme Court.