The Supreme Court (TS) has upheld a verdict sentencing a man from Tenerife to five years and one day in prison and ordering him to pay 5,000 euros in compensation to a minor whom he subjected to ongoing sexual abuse while in a relationship with her mother, who claims that the girl has a disability.
Additionally, the offender has been instructed to maintain a distance of half a kilometer from the victim for six years once he completes his prison term. During this period, he will be on probation and required to attend a course on sexual orientation.
The defendant argued before the Supreme Court that there was insufficient evidence and a violation of the principle of presumption of innocence, as the conviction was solely based on the minor’s testimony, which, in his opinion, lacks credibility due to the girl’s disability and the absence of corroborating elements.
The Supreme Court found it established that the man, a native of El Sauzal, was involved with the minor’s mother for five years until December 2020, during which they resided together with the victim and another girl.
Between September and early December of that year, on unspecified dates, the man took advantage of moments when he was alone with the minor to enter her room while she was using her mobile phone. He proceeded to kiss and touch her against her will.
A recording made by the victim, where she repeatedly asks the accused to leave her room while he persists, is considered as compelling evidence. She pleads with him not to be a bother, but he continues with abuses and inappropriate touching.
The appellant claimed that the recording lacked a date and did not identify the male’s voice. He also questioned the credibility of the evidence, as it was sent via email and transcribed by a Civil Guard officer rather than a legal representative.
The crimes were reported by the victim’s mother in the same month of December to the Civil Guard, confirmed in court, and subsequent judicial proceedings upheld the validity of the evidence presented, resulting in the accused’s guilt based on the credibility of the minor’s statements.
Concerning the alleged disability, it was noted that there was a lack of detailed information regarding its nature—whether physical or mental—and no documentation supporting the claim. The assertion was based solely on the mother’s statement and was not even included in the psychological report.
The Supreme Court criticized the defense for failing to present any new arguments beyond those raised before the Criminal Chamber of the Superior Court of Justice of the Canary Islands, rendering the appeal lacking in cassational relevance.
The convicted individual contends that expert evidence confirms the minor’s psychological disability and asserts that her level of maturity was not taken into consideration.
The sentence was determined based on legislation predating October 2022, as the crimes occurred before the amendment that merged sexual abuse and assault offenses, eliminating the distinction between them.
