TS confirms a nine-year sentence for a man who abused a 13-year-old minor and left her pregnant in Almería

ALMERÍA, April 6. (EUROPA PRESS) -

The Supreme Court (TS) has confirmed the sentence of nine years and one day in prison for a man who sexually abused a 13-year-old minor whom he impregnated after she agreed to have sex without a condom after he told her. said that "he was sterile and allergic to latex.

The court considers that there is no grounds for the appeal filed by the defense, which was also unsuccessful on appeal in the Superior Court of Justice of Andalusia (TSJA), although the convicted person obtained a one-year reduction on the sentence imposed by the Provincial Court of Almería in application of the law of 'only yes means yes'.

The ruling, consulted by Europa Press, indicates that the testimony of the victims is "plausible" and discards the spurious intention since the judicialization of the events occurred due to the "notification" to the Civil Guard from the voluntary termination of pregnancy center to that the minor attended.

He considers it proven that she agreed although "due to her age she lacked the necessary maturity to give consent and to assess the consequences" of her actions and indicates that he, who was 26 years old, was "aware" of the possibility of pregnancy, therefore which their "maturity difference made it easier for the minor to decide to have sexual relations without the use of protective measures."

The man was also sentenced to pay 30,000 euros in compensation, to remain 500 meters away from the minor for 13 years, five more years of supervised release and to be disqualified from working as a teacher or any other position in which he has direct contact. with minors for 14 years.

The accused acknowledged sexual relations with the minor, whom he had met through Instagram, although he denied knowing that she was 13 years old at the time or, in his case, less than 16 because "he saw her as very mature", in such a way that "When he found out how old" the girl was "that was when they ended the relationship."

In response to this, the victim assured that although she initially told the accused that she was 16 years old, she revealed her real age when "they began to have sexual relations" and "despite this she continued" with said encounters until the victim The girl became pregnant, so she went to a clinic to terminate the pregnancy, from which the Civil Guard was notified.

"The minor was not mature enough to reach the degree of maturity that the accused, at 25 or 26 years old, had developed due to his greater life experiences," concludes the court, who states that the accused "even knowing the age of the minor" had sexual relations with her "without any prophylactic measures that motivated the unwanted pregnancy" under the uncertain belief that the accused "could not have children."