Andalusian High Court sentences man to ten years in prison after his partner catches him abusing her daughter

The High Court of Justice of Andalucía (TSJA) has upheld a ten-year prison sentence for a man who sexually abused his underage stepdaughter over several months. According to the judgment, his partner, who was also the victim's mother, caught him in the act.

The events in question began in May 2021, when the defendant was living with his partner and her two children. According to the court ruling, he took advantage of the dynamics of cohabitation and the vulnerability of the victim, who was then 12 years old and had borderline intellectual functioning.

He used the child's condition to periodically abuse her when they were alone at home.

The first incident occurred one morning when the victim and her brother went to their mother and stepfather's bedroom. The four of them were in bed, until the mother got up to make breakfast. The girl's brother went with her.

Once alone with the girl, the man began to abuse her, leaving her "shocked" and unable to "tell her mother anything".

The following day, the defendant went to the girl's room and began kissing her side and stomach. The mother caught him and an argument ensued. Following this, the woman sent the girl to her grandparents' house, where she stayed until December 2021.

The abuse didn't stop when she returned home. The defendant regained the girl's trust and once again started committing similar acts.

The abuse finally came to light in March 2022, when the man took advantage of his partner being in the shower to take the minor to the kitchen and abuse her. The mother caught him in the act.

The defendant's legal team based their appeal on the alleged violation of the right to the presumption of innocence and an error in the assessment of the evidence.

They argued that the child's testimony lacked credibility due to contradictions and discrepancies with her mother's statements.

The TSJA, however, rejected these arguments, determining that the victim's statement met the established legal standards of credibility. First, the court ruled out any ill will, animosity or ulterior motives that might have led the girl to make a false criminal accusation against her mother's ex-partner, concluding that there was no basis to suspect that the account was fabricated.

The trial was held more than three years after the initial events, when the victim had already turned 16. The court considers it normal that the elapsed time and the girl's developmental stage would justify slight variations in her testimony, clarifying that these variations do not affect the established facts.

In addition, the victim's mother also testified and her statements corroborated her daughter's testimony.

In addition to the primary sentence of ten years and six months in prison, the defendant is also subject to a special disqualification of 13 years and six months from practicing any profession or occupation that involves regular and direct contact with minors.

The ruling also establishes a restraining order that bans the defendant from approaching within 500 metres of the victim, her home or places she goes to often, as well as communicating with her by any means for a period of 15 years.

Once he has served his prison sentence, the man will be subject to a five-year period of supervised release, the specific terms of which will be determined under judicial oversight. Finally, as civil liability, he must compensate the victim with 10,000 euros.

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