Child abuse

Malaga father sentenced for repeatedly sexually abusing eight-year-old son with autism

The man will have to serve five years in prison and will have a ban on approaching the victim for a decade, in accordance with the ruling

25/09/2026 a las 14:25h.

The High Court of Justice of Andalucía (TSJA) has sentenced to five years in prison a Malaga father for sexually abusing his autistic son for ... several years, when the boy was between eight and eleven years old. The victim did not realise the seriousness of the incidents until he reached his teenage years.

According to the ruling, the defendant has been acquitted of the abuse of another of his children. However, it was this child's confession to his mother that prompted his brother to break his silence in late 2019. The abuse on the second child took place on dates that the court could not determine between 2013 and 2016.

The ruling recognises three incidents of abuse as having been proven, in which the defendant acted "by exploiting his influence and superiority" and "his son's particular vulnerability". The first incident took place on the Guadalmar beach, where the man sexually abused the child in the water while pretending to play a game.

Some time later, he repeated this in the family car inside the garage. The most recent proven incident took place at the family home, at a time when the two of them were alone.

According to the victim's testimony, at the time, he thought they were just games because that is what his father told him. He did not say anything because his father asked him not to. The truth only came to light years later, when he matured and realised the seriousness of what had happened. The "persistent memory" of his experience prevented him from sleeping.

According to the court, the boy's brother confessed to his mother that he had suffered similar incidents when he was a child. Although in his case the abuse was not proven before the provincial court of Malaga, the ruling acknowledges that this first step encouraged the abused son to finally speak out about what had happened.

The father's defence team lodged an appeal, which the TSJA has dismissed. According to the defence, the victim's testimony was coloured by the animosity he harbours towards his father and it was neither credible nor consistent. The judges accorded full credibility to the now young man's account.

In addition to five years' imprisonment, the father's sentence includes a ban on approaching or communicating with the victim for a period of ten years, as well as a ban on practicing any profession or trade involving regular and direct contact with minors for a period of eight years.

Furthermore, the sentence includes five years' probation, compensation to the victim for non-pecuniary damage and the payment of legal costs.

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