The defendant accused of sexually abusing his stepdaughter when she was between 8 and 9 years old has acknowledged the facts during the trial, albeit partially. While he has confessed to touching the minor, he has asserted that it only happened once and that there was no carnal access. "I didn't rape her, and I only had a brush," he declared, denying that the sexual abuse was continuous and that he inserted his fingers into the minor's vagina and attempted to penetrate her with his penis on several occasions, as the Prosecutor's Office maintains.
Álvaro O.Z., who only answered questions from his lawyer, asked for "forgiveness" before the court, stating that he was "very sorry" for what happened. "I don't know what happened to me," he said, repeatedly stating that he is "disgusted" by what he did.
According to his account, he only touched the minor once, and he claimed it was because "she was caressing herself." "I asked her, 'Can I?' And she said, 'Okay,'" he pointed out, stating that he then touched the minor but that "it was only a matter of seconds" and that when he realized what he was doing, he stopped. Furthermore, he claimed that on the same day, after the girl's mother entered the room where they both were and saw him "scared," he told her what happened and told both of them to forgive him.
"I'm disgusted, really, and I apologize to everyone. This deserves punishment, and I am willing to pay the consequences," the defendant stated.
The Minor's Statements That Contradict the Defendant
As for the minor, who has not testified in the trial, a recording of a statement taken as pre-constituted evidence was played during the trial precisely to avoid her having to testify in the oral hearing. "He touched me in my private parts," the girl was heard saying about the defendant, stating that "sometimes" he did it "inside my clothes" and "with his penis." "And how did you feel?" the minor was asked. "A little bad," she replied.
In this statement, the minor did not mention at any point that there was penetration and that the defendant inserted his fingers into her vagina. However, as stated by an agent of the National Police and a medical and forensic psychologist, she did so in previous statements.
"The minor has already developed an attitude of not wanting to remember, of not dealing with anything," the psychologist detailed, stating that this is "related to traumatic events" and that "the girl can perfectly deny the most serious things" now without it meaning that it was a lie that it happened.
In fact, the forensic psychologist gave "validity" to the initial account given by the minor. "She told us that he started touching her," the forensic doctor related, stating that in the first examination, the girl said that her stepfather had touched her "in her private parts, with his fingers" and that "she showed how he touched her, inserting his fingers" into her vagina. "She also said that he put his thing in but didn't get to insert it because it hurt," she added.
For his part, the agent of the National Police explained how it was the first time that a statement was taken from her, something that was done at the school the girl attended because there were suspicions that "the mother might be covering up" the facts. "She started talking normally, but when we asked her if she was left alone with him, she cried... Then, she tells us that he touched her breasts and genitals and that he inserted his fingers and penis, but that she felt pain," he indicated.
A Cousin of the Defendant Was the One Who Reported the Facts
Regarding the girl's mother, she did not want to testify in the trial, invoking the right she has not to testify against a spouse, as she is still married to the defendant. Likewise, the defendant's sister also refused to testify. "I refuse to testify since we are family," she stated.
The one who did is a cousin of the defendant, who was the one who reported the facts. According to her account, she became aware of what happened through her cousin, after she received a call from the girl's mother. "She was crying and told me that she was very sad because her sister-in-law had told her that Álvaro was abusing the girl, that she had found him touching the girl in her private parts," she assured, also denying having a "bad relationship" with the defendant as he has stated.
Likewise, a friend of the marriage, who lived with them in the house in Arrecife where the events allegedly took place, also testified. She stated that the girl's mother told her one day that "she had found Álvaro hugging the girl" and that "she doubted if he was touching her." However, she pointed out that she "never" saw "strange behaviors" and that she "only" became aware of that episode.
The Prosecutor's Office Maintains Its Request for 12 Years in Prison
With all this, the Prosecutor's Office considers that it has been "sufficiently proven" that the defendant sexually abused his stepdaughter "repeatedly" and that there was carnal access, with the aggravating circumstance of kinship. Therefore, it has raised its conclusions to definitive, requesting a sentence of 12 years in prison for Álvaro O.Z.
The prosecutor has highlighted the statements of the minor and the forensic doctors. "There are no indications that may raise doubts about the minor and nothing to suspect that it has not happened," she pointed out. Furthermore, in her opinion, "there is no" "intention to harm the defendant" on the part of the witnesses either. In fact, she stated that "on the contrary," given that both the defendant's wife and his sister have refused to testify in the oral hearing.
For its part, the defense has requested that the defendant be sentenced to only two years in prison, which he would have already practically served, as he has been in pre-trial detention for these events since October 31, 2019. The defendant's lawyer based his request on the fact that the only thing he considers to have been proven is that there was touching only once, as his client has confessed, of which he has also highlighted his "repentance."
"It is not disputed that she has been a victim of abuse, but it is disputed what that abuse consisted of," the defense stated, highlighting the changes in the minor's statement. Furthermore, the defendant's lawyer does not consider valid the statement that the girl gave to the National Police, as he claims that "it was done without a legal representative" of the minor present. "It was not even done in the presence of the school principal, but of a tutor, who cannot be a valid person to represent the minor, especially in a matter like this," he detailed.
Likewise, the defense has rejected the application of the aggravating circumstance of superiority by kinship, alleging that the girl's stepfather only "knew her for barely a year."