The Criminal Chamber of the Supreme Court has ratified the sentence of thirteen years, six months and one day in prison for the accused of sexually assaulting a minor of 16 years in Tinajo.
In a ruling last November 28, the Supreme Court responded to the appeal filed by the defendant's representation against the judgment of the Superior Court of Justice of the Canary Islands, which sentenced Marco D.M. as the criminal author of a continued crime of sexual assault with carnal access against the minor daughter of his partner.
The convicted man shared residence for years with his partner, her two daughters and a third daughter they have in common. The treatment with the minors "was continuous and frequent" and generated "a relationship of ascendancy, trust and authority" that the Supreme Court says he used to "approach the older minor" and maintain a "closer and more intimate" contact.
The man took advantage of the moments when his partner was away from home to attack the sexual indemnity of his stepdaughter. The sexual assaults on the minor did not stop until she turned 13, when she told her mother. The next day both filed a complaint with the police. During this time, the already convicted man, in order to "achieve his depraved and repeated objective," threatened the minor with slitting her head or sending her to a boarding school if she told what was happening.
These events have left sequelae in the minor, according to the court ruling, in addition to psychological damages such as problems of adaptation to the environment, impairment of her socio-affective development and anxious depressive symptoms.
The convicted man was in provisional prison between September 2018 and April 2020, then he was released with the prohibition to approach the minor and with "a bracelet attached to one of his arms."
In addition to maintaining his sentence of 13 years, six months and one day in prison for sexually assaulting his stepdaughter on an ongoing basis, he will not be able to communicate with her for 22 years, nor approach her home, place of study or any place frequented by her, maintaining a distance of 500 meters.
Thus, he will be disqualified for 20 years for any profession or trade, whether or not paid, that involves regular and direct contact with minors. To which is added that he must compensate with 100,000 euros for the moral damages caused to the victim.
The convicted man must pay the court costs.
