Supreme Court Upholds 10-Year Prison Term in Sexual Abuse Case Involving Minor
The Supreme Court confirmed a ten-year prison sentence for sexual abuse of a minor in a case reviewed by the Criminal Chamber. The appeal filed by the convict was rejected, and the conviction previously issued by the Canary Islands’ court of Las Palmas was upheld for sexual abuse of a child under the age of 15.
The ruling also specifies a number of additional penalties: a fourteen-year prohibition on contacting the victims, ten more years of probation, and a financial compensation of six thousand euros.
The events occurred on March 11, 2019, inside the Atlantic Mall, when a 15-year-old boy entered a bathroom and went to one of the individual stalls. At that moment, a man began to observe him from a nearby area, signaling for the boy to approach, which he did after receiving a cue from the defendant.
Shortly thereafter, sexual activity took place until the minor asked for the acts to stop. The man complied when requested and then asked for the boy’s phone number, which the victim refused, leaving the scene.
The defendant was HIV-positive and did not disclose his condition to the minor or use a condom, an omission cited by the court as significantly increasing the risk of disease transmission, and showing a lack of concern for the minor’s safety.
In his appeal, the convict claimed that the minor was the initiator of the sexual contact and that the victim could not determine the age due to not knowing him or his appearance. The Supreme Court emphasized that the minor’s age and appearance were clear enough to rule out any doubt about his minor status.
The Chamber affirmed the sentence as appropriate within the statutory range of six to twelve years, and in light of the gravity of the facts and the circumstances surrounding them. The judgment notes that the terms chosen align with the severity of the conduct and the protection required for the victim, reinforcing the legal framework used to address crimes involving minors and sexual exploitation.
Overall, the decision underscores the court’s stance on protecting minors in vulnerable situations and ensuring accountability for those who commit serious offenses against young people in public or semi-public settings. The ruling serves as a clear reminder that sexual acts with a minor, particularly when there is a breach of trust and concealment of health risks, carry substantial penalties and stringent post-sentence sanctions. The legal reasoning highlights how authorities evaluate the minor’s vulnerability, the offender’s behavior, and the imperative to prevent further harm to young victims. The case stands as a precedent for similar offenses in the region and contributes to ongoing efforts to strengthen protections for minors in Spain. Attribution: Supreme Court of Justice of the Canary Islands.