The Burgos Court has condemned a 39-year-old man of Dominican nationality sentenced to ten years and one day … prison as the author of a crime sexual abuse with penetration of a minor under 8 years olddaughter of his ex-partner.
The ruling considers it proven that the defendant, who had no criminal record, prevailed that situation of superiority when he finds himself caring for his ex-partner’s daughter in a home in the capital of Burgos. In addition to the custodial sentencethe court has imposed ten years of supervised release on the accused and the prohibition of communicating or approaching the victim for a period of thirteen years, according to information from the Press Office of the Superior Court of Justice of Castilla y León collected by Europa Press.
The events occurred on March 19, 2022, when the convicted person took advantage of the fact that he was alone with the minor, then eight years old, and his own son at the family home. According to the account of proven facts, the accused moved the girl to her mother’s room and, after undressing her, he performed various sexual acts that included oral penetration. Although the minor also reported attempts at anal penetration, the Court has not considered this point to be fully accredited, although it has confirmed the existence of an approach with this purpose.
A WhatsApp asking for forgiveness
To support the conviction, the court has assessed the victim’s testimony, in which it has appreciated “bravery and sincerity”, as well as various peripheral corroborations. Among this evidence, the conversations held on WhatsApp between the minor’s mother and the accused after the complaint stand out.in which the defendant asked for forgiveness and stated that it was “something that dominates me.”
The Court has rejected the defense version, who alleged that said apologies referred to infidelitiesconsidering that it made no sense given that the romantic relationship was already broken at the time of the messages.
The sentence has also addressed previous episodes reported by the minor to her surroundings when she was five and six years old, which have not been considered proven facts due to lack of prior judicial investigation. However, the magistrates have indicated that these antecedents serve as an indication of the persistence of the victim’s story.
The court has criticized the initial attitude of the mother, who at that time decided not to report after meeting with mutual friends. and the accused himself, coming to the conclusion that his daughter’s stories were “a misunderstanding” to avoid harming his partner.
Finally, the court ruling imposes special disqualification on the convicted person from any profession or trade that involves contact with minors for a period of seventeen years. In terms of civil liability, must compensate the victim with 12,000 euros for the moral damage causedtaking into account the slight emotional impact that the girl suffered and the seriousness of the action.
The court has rejected the previous questions of defenselessness alleged by the defense about mobile phone dumppointing out that the party voluntarily waived the practice of said expert evidence during the oral trial.
