The Supreme Court (TS) has made a conviction of eleven years in prison and the payment of compensation of 60,000 euros final for a man from Las Palmas de Gran Canaria for a continuous crime of sexual assault against a 5-year-old girl, who was the daughter of his niece.
The account of proven facts indicates that the minor went almost daily to the building where her maternal grandparents and an aunt of the mother lived with her husband, the accused, aged 64.
It adds that since 2020, when the defendant was alone with the girl, he showed her pornographic videos on television and touched her, which was repeated until the end of 2021.
The acts were carried out on a property in Ingenio, owned by a son of the accused, to which the practice of oral sex was added on at least five occasions, without it being recorded that he used force or threats to intimidate her.
As a consequence, the minor suffered a strong emotional impact and has been undergoing psychological therapy, while the defendant has been in provisional prison for three years.
The bulk of the accused's appeal focused on questioning the minor's credibility due to the alleged resentment she held towards him, maintaining that her testimony had not been persistent, with new elements being added over time and inconsistencies also being detected.
The Supreme Court adopts the conclusions of the Superior Court of Justice of Canarias (TSJC), which ratified that the victim's statement met the requirements to be considered evidence of guilt, given that there were no spurious motives and she had maintained the same version without significant contradictions.
Her testimony was corroborated by the statements of her mother, who stated that she herself had been a victim of abuse by the defendant, as well as his son and another niece.
The stepfather also corroborated the minor's reaction and how she had spontaneously revealed what had happened, to which was added the testimony of a psychologist who concluded that the account showed no manipulation or suggestibility, and that the symptomatology was compatible with what was told.
Some drawings pointed in this direction and the official expert report considered the testimony to be "probably credible".
The defendant will have to stay at least 500 meters away from the minor and will not be able to communicate with her through any means for 15 years and will remain under supervised release for another 15 years after leaving prison.
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