The Criminal Chamber of Superior Court of Justice of the Canary Islands (TSJC) has ratified the sentence of four years of jail For a man accused of a crime of abuse to one minor 16 years old, daughter of her partner, in her house in La Laguna. The TSJC corroborates that the crime was carried out without violence or intimidation but with the aggravating factor of the prevalence of a situation of coexistence.
The rest of the penalties are reaffirmed, such as the prohibition on carrying out any work related to the contact of children for five more years and the payment of compensation to the victim of 2,000 euros. The defendant was in a relationship with her mother and they all lived in the same house when, around 2021, on one occasion when the girl stood between them in her bed, he claims that she touched her with his penis. Another episode in which the man allegedly dropped his pants taking advantage of the fact that they were alone in the house is not considered proven.
The Court appeals to the jurisprudence that is applied in cases like this one in which the only people who can know what happened are the minor and the accused and also be aware that there are no feelings of hatred or revenge in their version of the events. . In this specific case, it was the mother who filed the complaint by pointing out that the three of them were in bed and she heard how her daughter told her partner to stop, so she asked her what was happening, to which she responded by recounting the aforementioned event. . The woman jumped out of bed and the man repeated that this was a lie, while the woman grabbed the girl and urged her to tell her what was happening, while trying to show her that he could trust her. She admitted that she had not seen anything but she had the feeling that the condemned man was pulling up his pants and he seemed nervous.
Conclusive were the DNA samples obtained from the girl’s body and her underwear, which indicated that there were traces of the man’s saliva and semen, which he justified because the night before he had had relations with the mother in the same bed. what the mother denied.
The defense denounced the conditions in which the girl carried out her appearance with the door open or facing the camera and with problems in the recording, which resulted in her being inhibited or pressured and, in her opinion, the sound of the noise was not taken into account either. the recording.
The TSJC, however, concludes that the victim offered her testimony under the appropriate conditions to carry out the due contradiction in that all parties could ask the questions they deemed appropriate.
