The Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has dismissed the appeals of the private prosecution and the defense and ratifies the sentence of six years in prison imposed by the Provincial Court of Santa Cruz de Tenerife on a man for abusing sexually from his niece in Icod, a minor and with a physical, mental and sensory disability of 50%.
The sentence, made public this Tuesday, indicates that the events occurred between the months of October and November 2019 when the man, taking advantage of the fact that there were no relatives in the house, undressed the victim without her consent and sexually assaulted her twice. .
Due to these facts, the minor, who became pregnant and had an abortion four days later, shows emotional distress and intrusive thoughts.
The Chamber maintains that the facts describe a “typical situation of objective superiority” due to the mental retardation of the minor that gives rise to a limitation to oppose the requirements of her uncle, at the time that the convicted person was aware of his retardation when living in the house .
In fact, the sentence argues, the man “took advantage” of that condition to satisfy his sexual desires.
The man is also imposed six years of probation, compensation of 1,045 euros for the cost of the voluntary termination of pregnancy and another 10,000 euros for moral damages.
