The Sixth Section of the Provincial Court has sentenced the defendant to five years in prison for sexually abusing his partner's minor daughter in Costa Teguise, when she was between eight and nine years old. Michael Roland Williams must also compensate the victim with 20,000 euros for the "moral damages" caused, although he has been acquitted of the crime of exhibitionism of which he was also accused.
The court considers it proven that Michael Roland Williams maintained a relationship with the minor's mother between December 2012 and May 2014, living with both of them in Costa Teguise, and that "on an undetermined date", but "in any case" within that period, "he asked the girl to hold his penis, to which the minor agreed, inserting her hand inside the shorts that Michael had put on", "the minor's mother not being in the house" at that time.
Another day, the court adds, when the girl "was in her bed and without her mother being in the house, Michael Roland Williams approached the minor, lowered his pants, and then asked the girl if she could masturbate him, he convinced her to do so and she agreed".
The court also considers it proven that "at another time", the girl "went to the bed" where the accused and her mother were and "Michael Roland Williams, with the intention of satisfying his sexual desire, touched the vagina" of the minor, "while her mother was asleep". On another occasion, "around those same dates", the accused "asked the minor" to "choose one of the vibrators that he and his partner had in the bedroom" and showed her "how it worked" and "used it making the vibrator touch the girl's intimate areas", is stated in the sentence.
Acquitted of the crime of exhibitionism
However, for the Sixth Section of the Provincial Court "it has not been proven" that the defendant "showed the minor, on five or seven occasions, films not suitable for her, and at the same time told her to masturbate in front of him, the minor agreeing to do so", nor that on another occasion "Michael Roland Williams lowered his pants showing his genitals to the minor", that "he lowered the minor's panties" and that "he began to touch with his finger in the girl's genital areas, indicating that this was the clitoris".
Therefore, the court acquits Michael Roland Williams of a crime of exhibitionism, although it condemns him for a continuous crime of sexual abuse as it harbors "no doubt of the reliability and veracity in the minor's testimony", despite the fact that the accused denied the abuse during the trial, accusing the mother of acting "out of spite" and of committing "a huge fraud" against him "of about 250,000 euros" and "using" this accusation to "get rid of him"
"Credibility" of the minor's testimony
"No reason for resentment or revenge is glimpsed", the court points out, which notes that the minor's account "was corroborated by what was dictated in the psychological expert evidence", noting that "according to the forensic psychologists", the girl's testimony "presents criteria of credibility and validity". In addition, the court states that "it cannot be affirmed that the minor's mother has influenced her daughter to lie" and that "in no way has the existence of that alleged fraud" that the defendant stated been proven.
Thus, the Provincial Court considers that "there is no reason that could justify or explain that the minor is inventing the facts she relates" and recalls that the accused himself acknowledged in the trial "that he explained to the minor how the vibrator worked".
Supervised release for six years after the prison sentence
Therefore, the court sentences Michael Roland Williams to five years in prison, as well as prohibits him from approaching the minor "at a distance of less than 200 meters" or communicating with her "for a period of six years".
Once the prison sentence has been served, he is also imposed "supervised release", which will consist of the prohibition of approaching the victim or communicating with her for another six years, as well as he is also prohibited during that time "any activity that involves having minors in his custody or care" and "the obligation to participate in sexual education programs for pedophiles" also for six years. Finally, the defendant is ordered to compensate the minor "with the amount of 20,000 euros in respect of moral damages".
Undue delays
The Prosecutor's Office had requested six years in prison for Michael Roland Williams for the continuous crime of sexual abuse. However, the court has applied the mitigating circumstance of undue delays, since from the minor's statement in the Investigating Court until the issuance of the forensic psychological report "a little more than a year and three months passed without, pending said report, another action typical of the investigation phase of the process having been carried out (because it was not necessary)".
However, the Sixth Section of the Provincial Court considers that this mitigating circumstance should only be appreciated as "simple" and not as "very qualified" as argued by the defendant's defense, which would have meant a greater reduction in the sentence. And it is that, in the opinion of the court, it cannot be assessed as such because "the delay did not exceed the concept of extraordinary, nor was there an additional prejudice for the accused, who did not suffer from these actions a situation of provisional detention or any other measure limiting his rights beyond the detention for just over two hours in the dependencies of the Civil Guard of Costa Teguise".