TSJCyL confirms the reduction in Valladolid of the sentence for a sexual offender and the 'no' to a father who abused his little girl

VALLADOLID, 28 Feb. (EUROPA PRESS) -

The Superior Court of Justice of Castilla y León has confirmed the application of the benefits of the 'Law of yes is yes' in the case of a young man whose sentence has been reduced from twelve to ten years by the Valladolid Court for the crime of assault on a minor who had run away from a child protection center, while ratifying the non-application of said reform to a father who abused his daughter for a decade, according to information from the TSJCyL Press Office collected by Europe Press.

In the first of the cases, the Civil and Criminal Chamber of the TSJCyL, based in Burgos, dismisses the appeals that had been presented by the private prosecution and the Public Prosecutor against the decision of the Second Criminal Section of the Hearing of Valladolid to reduce the sentence of M.B.B to ten years, who was sentenced in his day to twelve years in prison for sexual assault on a minor under 16 years of age with vaginal access, along with the corresponding prohibitions on communication and approaching the victim and five years of probation.

The events date back to May 6, 2019 when the minor, aged fourteen years and six months, escaped from the center for the protection of minors in the city of Valladolid, where she was admitted, and found herself in the capital with the defendant, of 18 years old, whom he already knew from his stay in Soria approximately two years earlier.

At a certain point, he asked the convicted man if he could let him spend the night at his house, to which he agreed, so they both went to an apartment in the Pajarillos neighborhood of Valladolid, where there were other men. There they were talking about her life, in which conversation the minor told the defendant that she was fourteen years old.

Already at dawn on May 7, 2019, when the roommates went to their rooms to sleep, the defendant and the minor were left alone in the living room. It was then that the defendant began to rub the victim through various parts of her body, despite the fact that she told him that she did not want to have anything with him and that he should leave her alone.

Then he took out a knife that he opened and showing it to her he said: "If you don't fuck with me I'm going to cut you!", whereupon the young woman agreed to the claim that he penetrated her with his penis ejaculating inside her.

As a consequence of these facts, the minor has worsened the diagnosis of post-traumatic stress that she already suffered since she has experienced feelings of humiliation, autolytic episodes and acute anxiety, being subjected to psychiatric and psychological treatment.

In the second case, that of a father who abused his 10-year-old daughter for a decade, whose sentence the Second Section agreed to review, without finally applying the benefits of the new reform, the TSJCyL, through the corresponding order, has rejected the appeal of the defendant's defense and, therefore, has confirmed that there is no room for a reduction in sentence.

The 60-year-old convict, when his daughter was 10 years old, on many occasions and guided by the purpose of satisfying her sexual desire, touched the minor's breasts and genitals, although when she turned 12 she began to penetrate her vaginally, without using any contraceptive method, ejaculating outside the vagina.

Said sexual relations with vaginal penetration were carried out by the convicted person on his daughter on numerous occasions, both at the family home when he had the opportunity, as well as in the car, when he went with the girl to do the shopping, take a trip or carry out any activity. After the sexual contacts, the father told her daughter not to tell anyone because they would not believe her, she would feel ashamed and she would be left alone.

When the little girl reproached him for his actions, he replied that he could not contain himself and promised her that it would not happen again, despite which, before the complaint filed on July 28, 2020, the abuses with vaginal penetration increased, Getting to do them several times a week.

Thus, in the week of July 20 to 26, 2020, the period in which he was teaching the girl to drive, he stopped the vehicle on a closed street near the home where he told his daughter to get out and, then, He lowered her pants and panties and inserted his penis into the minor's vagina while she cried.

Given the relentlessness of her father's sexual behavior and anguished by her suffering, the victim finally recounted the facts. However, she had already told her stepmother, also convicted, with whom she lived in the family home.

Despite this, the sentence states that the 39-year-old woman did nothing to prevent her partner from continuing to have sexual relations with the girl, limiting herself to telling the minor that she had to fix it with her father because she could not do anything. She had been living in Spain with her husband for about 12 years, with whom she has three children aged 11, 9 and 8.

Her conduct had been mediated by the fear of what would happen to her and her children if she denounced and confronted her husband, in a country in which she is not integrated, does not speak the language well and in which she has no family. own.

The sentence of the Court of Valladolid included fourteen years in prison for the continued crime of sexual abuse, with vaginal access on a child under 16 years of age, together with the prohibition for 20 years to approach a distance of less than 500 meters from the victim, her home and study or work centers and the prohibition to communicate with her by any means or procedure also for 20 years.

The sentence, where appropriate, includes deprivation of parental authority and special disqualification for any profession or trade, whether or not paid, that involves regular and direct contact with minors for a period of 20 years, in addition to supervised release by term of ten years, to be executed after the custodial sentence.

In the case of the stepmother, the ruling of the Provincial Court imposed a six-year sentence that was later reduced by the TSJCyL to two years and nine months on the understanding that the incomplete defense of "insurmountable fear" was present.

In the field of civil liability, the convicted person, directly, and the convicted person, in a subsidiary manner with respect to the previous one, will indemnify the girl in the amount of 30,000 euros for moral damages, with the corresponding legal interest.