The First Section of the Provincial Court has sentenced the man accused of having sexually assaulted his stepdaughter for years, when she was between 10 and 12 years old, to 13 years, six months and one day in prison.
The sentence also imposes a restraining order on the minor for 22 years, as well as a disqualification penalty for a profession or trade related to minors for 20 years. In addition, he must compensate the victim with 100,000 euros.
The events occurred between 2015 and 2018, when the girl finally told her mother what was happening and they went to file a complaint with the National Police.
During the trial, which was held last November, both the agent who registered the complaint and various experts testified, including forensic doctors and psychologists who have treated the victim since then, and who confirmed the physical and psychological sequelae compatible with her story.
The Court has based its ruling on these testimonies and that of the victim herself, also highlighting the absence of "ulterior motives" on the part of the minor, who is now 16 years old. In fact, the accused himself was unable to explain during the hearing why the girl might have made something like this up. “Obviously she is making it up, I don't know why. That question is for her”, he limited himself to pointing out in this regard during the hearing.
For its part, the defendant's brother availed himself of his right not to testify against him, as he did during the investigation phase. Regarding the testimony he gave to the Police, stating that his brother had at least partially confessed the facts to him, the ruling emphasizes that it has not been taken into account, since at that time he had not been informed of his right not to testify against a family member.
However, he considers the evidence sufficient to give credibility to the victim's complaint, who did not testify during the trial to avoid "revictimization". What was heard was a previously recorded statement, which the Chamber considers coherent and without significant contradictions, contrary to what the defense maintained. In addition, it highlights the "broken and very touched emotional state" of the minor in that video, who was "subjected to intense pressure by the defense" during the interrogation.
The ruling includes in the proven facts the different episodes of sexual assault suffered by the girl for two years, and emphasizes that the accused took advantage of the "relationship of ascendancy, trust and authority" he had over her. "They began before she turned 11 and when she was close to turning 13 she tells her mother, unable to bear or endure this situation of continuous pressure any longer and beginning to understand what was happening," the Court points out.
The next day the two went to the police station to file the complaint and after his arrest, the accused spent a year and a half in pre-trial detention, between September 2018 and April 2020. Now, that time will be deducted from the sentence established in the ruling, against which an appeal is still possible.
