J. C. has acknowledged this Wednesday before the First Section of the Provincial Court of Las Palmas that he sexually assaulted his minor daughter several times a month for three years between 2016 and 2019 in his home in Arrecife.
The father has accepted before the Chamber, presided over by Victoria Rosell, that, taking advantage of the days when he had his daughter under 13 years old with him, he undressed, undressed the minor and touched her breasts, buttocks and genitals. In addition, he rubbed his genitals against the girl's body, asked her to masturbate him and perform fellatio. In the latter case, given the minor's rejection, he masturbated in front of her.
In addition, he has also acknowledged that in the summer of 2019, during a vacation in Gran Canaria, he took advantage of the fact that the minor's mother was in the bathroom of the hotel room and touched her breasts and private parts over her clothes. In addition, the last time the events occurred, in October 2019, repeating the same actions, he forced her to watch a pornographic movie.
After reaching an agreement between the Public Prosecutor's Office, the private prosecution and the defense of J.C., the man had to apologize to the minor in court so that his daughter could hear him on the other side of the screen. In addition, among the requirements of the private prosecution to reach an agreement, he promised not to prevent the minor from changing her last name in a later process.
Thus, the judge of the Chamber has highlighted that he should also commit to "not discrediting the minor any further" or deny his daughter's testimony, at the request of the private prosecution. He also denied that he would talk about the events again in another context in order to diminish the value of the events.
To reach this agreement, the confessed perpetrator of sexually assaulting his daughter benefited from two mitigating factors: the reparation of the damage, by depositing 5,000 euros in the Courts for moral damages and waiting to deposit another 1,000 euros, as well as another for undue delays due to the delay in drafting the forensic expert report in the instruction process of the case.
Thus, J.C. has been sentenced in open court to three years and six months in prison, plus the accessory disqualification of the right to passive suffrage during the term of the sentence, as well as eight years and six months of special disqualification for any profession or trade, whether paid or not, that involves regular and direct contact with minors.
The confessed perpetrator, after serving the prison sentence, must be on probation for five years and prohibited from approaching within 300 meters of the victim for a period of other years. Thus, the judge has also highlighted that this prohibition includes not communicating with her through messages with third parties.
The Chamber, at the request of the private prosecution, has reiterated J. C.'s obligation to pay for his daughter's maintenance, for 200 euros per month. In addition, he has insisted that the payment of civil liability for moral damages does not exempt him from his fulfillment as a father in covering the alimony payment.
