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TSJA cuts a man's seven-year sentence for four months for raping his partner's best daughter several times

ALMERÍA, 27 Jan.

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TSJA cuts a man's seven-year sentence for four months for raping his partner's best daughter several times

ALMERÍA, 27 Jan. (EUROPA PRESS) -

The Superior Court of Justice of Andalusia (TSJA) has reduced to six years and eight months in prison the sentence imposed on a man who repeatedly raped his partner's youngest daughter, retroactively applying the "only yes is yes" law, but he maintains the highly qualified mitigation of reparation for the damage for which the court sentence sentenced him to seven years in prison because he consigned 20,000 euros as compensation before the oral hearing in which he admitted the facts.

The high court also raises the amount for civil liability to 30,000 euros since it considers that the amount of 20,000 euros "is a sin of stinginess" taking into account "the young age of the minor", nine years old, when the events began, the " seriousness and reiteration", and the psychological harm" to the victim "evidenced by the expert opinions provided".

The sentence, made public this Friday and which partially estimates the appeals presented by the parties only on this point, indicates that the increase in the amount of compensation does not "question" the appropriateness of applying the highly qualified mitigation of repairing the damage to the defendant. , who has a record for indecent exposure.

With respect to the interpretation of the law of "only yes is yes", the court points out that the penalty assigned to the crime in the reform is from six to 12 years, and points out that the penalty must be applied "again in its upper half , lowered by one grade", which leads to a "range of sentence from five years and three months to ten years, five months and 29 days".

"As can be seen, the seven-year sentence imposed in the first instance sentence is within the now taxable range, but, having narrowed the upper and lower margins of that range, it experiences a relative shift upwards, not drastic, but yes. Sensitive: if previously seven years meant a duration 27.7% higher than the legal minimum and 36.6% lower than the maximum limit, being fifteen months below the midpoint of the tranche, now those seven years are exactly one third below above the minimum extension and a third below the maximum, and its difference with the midpoint is reduced to ten and a half months", calculates the court.

It specifies, however, that the reduction to six years and eight months in prison as the perpetrator of the continued crime of sexual abuse does not extend to the penalty of prohibition of approach or communication for 16 years and eight months, and the measure of probation that the Provincial Court of Almería set it at seven years.

According to the proven facts, the defendant began with touching and caressing, taking advantage of the absence of the minor's mother when he shared a home with them and, when the victim was 12 years old, he raped her for the first time, repeating the attacks over the course of six months.

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