The Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has ratified the sentence of the Provincial Court of Santa Cruz de Tenerife of eight years in prison for a man for sexually abusing a minor in La Guancha, in the north of the island, who was also the great-nephew of her partner.
Thus, the appeal of the defense is dismissed and the sentences of five years of probation are maintained, the prohibition to approach the victim within 100 meters and compensation of 6,000 euros.
The sentence, made public this Tuesday, considers that the tests carried out are valid and that the testimony of the minor, who was seven years old when the events occurred, “corresponds to reality”, admitting the difficulty that he cannot be required very precise given that they were denounced two years later. However, it concludes that it is “truthful, persistent and credible”.
In addition, the Chamber rejects the use of alcohol or drugs as a mitigating factor because “it is not a blank check” to commit a crime.
The events occurred between mid-2014 and June 2015 when, taking advantage of a time when the convicted person was alone with the minor in a room in the house watching television – he used to be cared for by the couple on occasions – he showed a video pornographic and practiced fellatio on him.
From there, the minor began to present sexualized behaviors and difficulty maintaining concentration and the woman reported the events, two years later, in a court in Icod de los Vinos.