A Court of Alicante sentenced the defendant to three years in prison while acquitting him of the charges that alleged drug distribution and the rape of a child under fifteen, the daughter of his spouse, according to the sentence issued by the Tenth Chamber. The defense for the accused was led by attorney Alicia Rebeca Garrigós Gutierrez, who had faced a petition seeking a total prison term of nineteen and a half years. The court ultimately imposed a sentence of fourteen years and six months, as requested by the special prosecutor’s office. The child’s mother, defended by lawyer Gonzalo Martin, was acquitted of the charges that claimed failure to fulfill custody duties, for which a five-month prison term had been requested.
Evidence in the 2019 case established that the defendant lived in a home he owned with his partner and their daughter, with the younger child describing him as her stepfather. The investigation described the defendant as a habitual user of marijuana and hashish, with the report indicating that minors were regularly exposed to such substances within the household environment.
The court noted that the minor suffered from several health issues and had been in psychiatric treatment since 2016. From at least the summer of 2019, it was shown that the minor received marijuana or hashish from the defendants. The judgment listed that, beyond supplying drugs, the defendant was also involved in using drugs with the minor, distributing them and even closing off access to the room where the substances were stored, which demonstrated a pattern of behavior aimed at maintaining access to controlled substances.
Tolerance
The minor’s mother knew that her daughter was using marijuana and had informed the child’s psychiatrist. The medical professional described a tolerant stance toward the issue due to concerns about the daughter’s personality, but there was no evidence showing that the mother participated in or facilitated the child’s drug use.
Regarding the alleged rape, the verdict states that on the morning of 18 October 2019, the day the events were said to have occurred, the defendant was with a friend and there was no evidence suggesting he was with his partner’s daughter at that time. The defendant denied the abuse at trial, and although some messages with a sexual tone were analyzed, there were other messages that appeared to diminish the minor’s claims, leaving the court unable to determine their authenticity beyond reasonable doubt.
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