The Andalusian Supreme Court of Justice (TSJA) has upheld a ruling previously issued by the Malaga Court, imposing a ten-year prison term on a man found guilty of sexually abusing his nine-year-old son. This follows a careful review of the case after the defendant’s appeals were rejected, reaffirming that the conduct occurred during a period when the family was navigating a separation and visiting arrangements after the mother established residence in Fuengirola. The court therefore dismissed the objections raised by the defense and confirmed the original verdict.
Evidence reviewed by the Ninth Division of Málaga, now affirmed by the Andalusian Court, characterizes the defendant as estranged and struggling with personal issues. The mother of the children had allowed the respondent to spend time with them at her home in Fuengirola during 2012 and 2013, during the established visitation regime. The court noted that, on multiple occasions during those years, the defendant engaged in inappropriate conduct when the child was at home and the mother was present, all while the child was still a minor and under parental supervision.
According to the judgment, the defendant took advantage of moments when the child slept or rested nearby and, under a lascivious spirit, attempted to harass the boy. Instances described include the defendant grabbing the child’s wrists to immobilize him and to exercise control. The record shows the actions occurred over an extended period and at various times, indicating a sustained pattern of coercive behavior rather than isolated incidents.
The underage parent disputed the charges but the court noted signs of fear and intimidation in the child’s testimonies. The boy’s relatives recall threats made by the father that aimed to silence him, creating a chilling atmosphere in which the child felt compelled to comply. The court observed that the abuse persisted until the child reached around ten and a half years of age, at which point he was increasingly able to resist and oppose the attacks. The timeline suggests a gradual escalation followed by a shift toward resistance as the child matured.
When the child was eventually brought to a center for assessment, he spoke to the clinical team in a setting designed to help him feel safe. The testimony and evaluations indicated that the child developed post-traumatic stress disorder as a consequence of the abuse, underscoring the lasting impact on his mental health and well-being. The court recognized these findings as a critical element in establishing the severity and persistence of the offense.
For these facts, the defendant was convicted of repeated sexual assault against a child under the age of 13. The verdict took into account factors such as proximity of kinship, the use of threats, and a pattern of intimidation. The sentence, reaffirmed on appeal, included a ten-year prison term, a prohibition from approaching or communicating with the victim within two hundred meters for fifteen years, and a monetary compensation of fifteen thousand euros to the victim. These penalties reflect the gravity of the crime and the aim of protecting the minor from further harm.
The TSJA’s Division rejected the defense’s arguments on appeal, emphasizing that the evaluation process did not show the minor’s sponsorship of a marital or family conflict as the origin of the reporting to the psychologist at the detention center. Instead, the court found that the disclosures arose from a conflict involving the father and the mother, and not from any unrelated dispute. This distinction reinforced the credibility attributed to the minor’s statements, which, when weighed alongside other corroborating elements, supported the evidentiary value of the testimony.
In parallel with the Malaga Court’s conclusions, the Andalusian Court and the TSJA shared the assessment that the minor’s account was truthful. The combined weight of the testimony and the supportive evidence led the higher courts to conclude that the allegations were credible and substantiated the case against the defendant. The decision reinforces the principle that the safety and protection of child victims remain paramount, guiding judicial outcomes in complex family dynamics and abuse cases. [Citation: Andalusian Court of Justice and Malaga Court records].