The Third Division of the Cordoba Regional Court sentenced a man to four years and one day in prison for committing a crime of sexual assault against a three-year-old girl in January 2022.
The court considers it proven that … The accused took advantage of the minor’s mother’s absence for a short period to climb to the roof of the building to distribute clothes, leaving them in her care Two children, 5 and 3 years old He touched the genital area of the girl who was sitting on his lap. The mother was surprised by the scene when she returned home
The ruling highlights that the testimony of the woman, who at that time maintained a relationship of trust with the accused, led to the trial being “clear, credible and continuous,” and constituted sufficient evidence to refute the presumption of innocence. The court confirms that there is no indication that A Fake mobile By the witness.
In this sense, the ruling states: “There is no evidence in the process that the witness, the mother of the injured minor, had any intention or false interest in harming the person who on that date was her friend and whom she invited to eat on January 2, 2022. On the contrary, she leaves him alone with her children when she goes up to hang clothes on the roof of the building and is assured that she will be watching them. Far from it, he submitted Touching his youngest daughter In the private parts above the garment, there is no doubt about its existence and certainty.”
He explains that “his testimony is reliable and continuous, and his words are logical in themselves and do not violate the rules of experience, and what the accused does is not tucking in her clothes as he declares, but rather touching the genital area that he arranged so that the girl would open her legs and be in his lap for greater ease of access.” Carrying out criminal behavior.
Aggravating because she is a 3 year old girl
The ruling applies Article 181 of the Penal Code which punishes acts of a sexual nature against minors under the age of 16, and assesses specific aggravating circumstances as a crime. The victim is less than four years oldWhich raises the penalty to its upper half. In addition to the prison sentence, the convicted person is prohibited for a period of six years from any profession or trade that involves direct and regular contact with minors, as well as from the exercise of passive voting for the duration of the sentence.
The court also imposes the payment of procedural costs. The ruling issued by the Court of Córdoba is not final and can be appealed to the Supreme Court of Justice of Andalusia within a period of ten days.
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