The Penal Chamber of the Canary Islands High Court of Justice (TSJC) has imposed a sentence of eight years in prison on a young man who sexually abused and assaulted his underage cousin on two occasions in a cave in the municipality of Garafía.
This decision confirms the ruling previously issued by the Provincial Court of Santa Cruz de Tenerife, which set the sentence at two years for the abuse crime and six for the assault, taking into account the mitigating circumstances of undue delays.
The events in question occurred before the approval of the so-called ‘yes means yes’ law, which unified the previous types of sexual offenses into sexual assault.
The perpetrator must pay the victim 10,000 Euros for the emotional damage caused, compared to the 6,000 Euros demanded by the Public Prosecutor’s Office, which also requested that the young man not be allowed to reside in the municipality again and be sentenced to 13 years in prison.
The convicted individual is prohibited from approaching the young woman at a distance of less than half a kilometer for ten years once released from prison, and from communicating with her, during which time he will be under supervised release. Additionally, he must participate in a sexual education program.
The ruling states that the first encounter took place when the defendant was 23 years old and the minor was 15. This occurred in August 2018 at noon in a cave, where he proceeded to kiss and touch the victim without her consent, until they left the location.
The second encounter was repeated a few days later at night during the town’s festivities in the same location, on a mattress brought by the accused, and has been deemed an assault as the interactions were complete.
At the end of August, the mother reported the events after noticing significant signs of anxious and depressive symptoms in the minor.
Before the TSJC, the convicted individual argued that the right to the presumption of innocence had not been respected, as the ruling was not based on effective and sufficient evidence, questioning the credibility of the victim and suggesting a “spurious” motive on the part of the minor and the mother.
He also maintained that there is a lack of peripheral corroboration due to the absence of images and medical evidence. He admits to kissing his cousin and bringing a mattress to the cave owned by his father, but claims it was for sleeping, a common practice for him when it is warm.
He further argues that the statement of the accuser contains numerous contradictions and ambiguities, with no witnesses supporting her testimony, which has differed when she testified before the Civil Guard and psychologists. He also mentions being unaware of his cousin’s age as he thought she was older.
In contrast, the TSJC considers the version provided by the young woman in court to be consistent with that expressed during the investigation, clearly distinguishing between the two incidents that occurred. It also takes into account WhatsApp messages between the defendant and the young woman discussing what happened.
The victim admits to having kissed her cousin and having doubts about starting a relationship with him, but ultimately expressed her opposition. The accused stated that he does not remember clearly what happened as he was affected by alcohol consumption.
The convicted individual is required to pay the victim €10,000 for the emotional damages caused compared to the €6,000 initially sought by the Public Prosecutor’s Office. Additionally, the convicted individual must not reside in the municipality again and will be subject to 13 years of imprisonment.
The convicted individual is prohibited from approaching the young woman within a distance of less than half a kilometer for ten years upon release from prison, and from communicating with her. During this time, he will be under supervised release. Moreover, he must participate in a sexual education programme.
The ruling states that the first encounter occurred when the accused was 23 years old and the victim was 15. This took place in August 2018 at midday in a cave, where he kissed and touched the victim without consent until they left the location.
The second encounter was repeated a few days later at night during the town’s festivities in the same location, on a mattress brought by the accused, and has been considered assault since the interactions were complete.
At the end of August, the mother reported the events upon detecting significant anxious and depressive symptoms in the minor.
Before the TSJC, the convict claimed that the right to the presumption of innocence had not been respected as the ruling was not based on effective and sufficient incriminating evidence. He questioned the victim’s credibility and suggested an “ulterior” motive on the part of the minor and her mother.
He also argued the absence of peripheral corroboration due to the lack of images and medical evidence. Although he admitted to kissing his cousin and bringing a mattress to the cave owned by his father, he claimed it was for sleeping, a routine practice when it is warm.
He also maintained that the victim’s statement contained numerous contradictions and ambiguities, lacking witnesses to support her testimony, which varied when she testified before the Civil Guard and psychologists. He also indicated not knowing his cousin’s age as he believed she was older.
Conversely, the TSJC found the young woman’s version in court to be consistent with her account during the investigation, clearly distinguishing between the two incidents that took place. The court also considered WhatsApp messages between the accused and the victim discussing the events.
The victim acknowledged kissing her cousin and being unsure about pursuing a relationship with him but ultimately expressing her dissent. The accused stated he had difficulty recollecting the events due to the influence of alcohol.
