SANTA CRUZ DE TENERIFE, 27 Apr. (EUROPE PRESS) –
The Criminal Chamber of the Superior Court of Justice of the Canary Islands has upheld the appeal and acquitted a man sentenced to four years in prison for allegedly sexually abusing the daughter of his partner, a minor, with whom he lived in Santa Cruz from La Palma.
The sentence, made public this Wednesday, has the particular vote against Judge Carla Bellini, who gives credibility to the testimony of the minor -in front of her two roommates, Juan Luis Lorenzo and Antonio Doreste-.
Bellini maintains that his statement “is persistent, without contradictions in essence” and is complemented by the evidence taken and fully supports the sentence signed in first instance by the Court Number 1 of Santa Cruz de La Palma.
Both magistrates wield “doubts” in the court ruling because, after the man left the family home the night the events allegedly happened — he massaged her genital area and kissed her on the lips — both he and the mother maintained contact and in a “climate of affection” of the couple, as can be deduced from the exchange of ‘guasaps’.
In addition, they affirm that the criminal investigation of the case was “very deficient” because samples of the man’s nails and computer were not taken, despite the fact that he himself offered “decisive” evidence that would have served to confront the credibility of the testimony. of the victim.
The medical examinations also show that the minor’s hymen was intact, without injuries or genital lacerations, when she had testified that “she put her finger in and out” and it hurt.
As for the psychological experts, the magistrates emphasize that the credibility of the minor is 11 points out of 19 and there are “contradictions”, while the man does not present traits of being abused or a sexual aggressor.
For this reason, the two magistrates conclude in applying the principle ‘in dubio pro reo’ and proclaim the acquittal.
