The sixth section of the Provincial Court of La Coruña sentenced the caregiver of a minor, born in 2007, to 10 and a half years in prison for sexually assaulted her during the 2018/2019 school year.
As detailed by the Superior Court of Xustiza de Galicia (TSXG), the magistrates consider it proven that he took advantage of the fact that the victim was in his custody to committing the acts “repeatedly and repeatedly over time.”
The Chamber considers her to be the author of a continuous crime of sexual assault on a minor under 16 years of age, punishable by articles 181.1 and 3 of the Penal Code, in its formulation given by Law 10/2022 because it is more favorable to the accused, with application of the aggravated subtype of article 192.2.
In addition to the prison sentence, imposes a ban on approaching and communicating with the victim for 15 years, five years of supervised release and ban on any profession involving contact with minors for five years beyond the prison sentence imposed.
Enough evidence to prove it
Likewise, the court emphasizes in its judgment that The accused was given custody and care of the minor while their families worked. The judges also emphasize that the victim’s statement presents “sufficient solidity, force and, ultimately, probative effectiveness” to destroy the presumption of innocence. To this, they add that this is justified by the rest of the evidentiary activity deployed.
For all these reasons, in the resolution they conclude that There is “sufficient evidence to prove the facts charged”.allowing the formation of a well-founded conviction devoid of reasonable doubt as to the actual commission of the alleged acts.”
On the other hand, the Provincial Court obliges the convicted person to pay compensation to the victim of 25,000 euros due to “the mental and emotional suffering of the minor resulting from the serious criminal behavior of which the accused is the author”.
In addition, when determining the compensation, it took into account “the nature of the facts declared proven, the duration during which they were carried out and the current state of the impact that the commission of the crime entails on the victim”. The sentence is not final, since an appeal can be filed before the TSXG.
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