The Second Section of the Provincial Court has sentenced a defendant to eleven years in prison for sexually abusing one of his stepdaughters, a minor, in Lanzarote, who was tried last March in Las Palmas de Gran Canaria.
According to the sentence, the events took place in 2017 in Teguise, when the girl was twelve years old. The accused, who is currently 34 years old, was then living with his partner, whom he had married in March of that same year, and with her three minor daughters.
"On an undetermined date but in any case in that year 2017 and before the month of June", the now convicted man "began to spend time alone with one of the daughters", whom he "also tried to distance from her mother by telling her that she did not love her and that she was going to be admitted to a center." According to what is considered proven in the sentence, the accused began "to kiss her" as well as to "ask her to take off her clothes, as proof of her love, subjecting her to touching in the area of her breasts and vagina."
Likewise, on one occasion, "he took the minor to an abandoned building that was next to the house where they lived and tried to penetrate her vaginally, although he could not complete his desire due to the pain experienced" by the girl. An action that he repeated on June 22, 2017, when he again took the minor "to the abandoned building, placed her on a mattress and penetrated her vaginally, ceasing the sexual relationship" when he was "surprised" by the mother.
The court validates the testimonies of the minor and the mother
During the trial, the accused "categorically" denied having had any type of sexual relationship with the minor, contrary to what was stated by her and her mother, whose testimonies the court validates. And it is that, although it is indicated that initially the girl "denied" in part the sexual relations and "minimized" her relationship with the defendant, during the course of the investigation of the case and already in the oral hearing she was "recounting what happened."
"This circumstance, far from detracting from the credibility of her testimony, is consistent with her situation, since the minor was in love with the accused and convinced, moreover, that they were going to maintain a sentimental relationship freely once she reached 18 years of age", argues the Second Section of the Provincial Court, which points out that she communicated this to her aunt, according to what she declared in the trial.
In addition, the psychologists who examined the minor explained that "her initial desire to hide" the relationship "had to do with the fact that she thought that the mother was angry with her" and that when "she confirms that this is not the case" is "when she begins to be more secure" and "already recounts what happened."
Likewise, the court highlights the testimony of the mother, who "surprised" both in the abandoned house that was next to her home. According to what she said in the trial, "after struggling" to enter one of the rooms because "someone was trying to prevent her from accessing its interior", she found her daughter lying on a mattress on the floor "without underwear" and "trying to pull up her pants and underwear", while "she said 'I didn't do anything, I didn't do anything'".
In this regard, it is indicated that the accused himself has been "unable" to identify the reasons why they might have "falsely attributed" these events, as well as to "give the slightest explanation" to the fact that his DNA was "located in the anal and vaginal area" of the minor.
Supervised release after serving the prison sentence
Thus, the Second Section of the Provincial Court considers that the accused is guilty of a continued crime of aggravated sexual abuse and, in addition to sentencing him to eleven years in prison, prohibits him from approaching within 500 meters of the victim, as well as any place frequented by her and communicating with her, for a period of 20 years. In addition, the defendant must compensate the minor with 30,000 euros.
Once he has served his prison sentence, he is also imposed the measure of supervised release for 10 years, "whose content will be determined in execution of the sentence."