Malaga bar manager jailed for sexually assaulting teen after cornering her in lift

According to the ruling, the abuse started in late 2023. The girl and her mother frequently ate at the defendant's establishment, as they lived in one of the flats just above it. This fostered an amicable relationship between them.

In October 2023, when the victim was 14 years old, the bar manager took advantage of her trust. He touched her bottom and made sexual advances on several occasions.

One of the most serious incidents took place on 5 February 2024, when the girl had already turned 15. According to the ruling, the defendant went to her flat to visit the mother, who was ill. As he was leaving the flat, he happened to meet the girl as she was going out to do some shopping, so they got into the lift together.

Once inside, the man cornered the teenager and tried to kiss her, which she avoided by turning her face away. He then groped her private parts and her bottom over her clothes. The entire incident was recorded by the lift's CCTV cameras. The footage was submitted as evidence and shown in court.

The girl told a friend what had happened via Instagram. The friend encouraged her to tell her mother.

Just a few days later, on 17 February, the defendant returned to the house and, as he was saying goodbye at the door, touched her bottom from behind again.

The victim developed symptoms of anxiety and phobias and even had to change schools after suffering bullying at the hands of the defendant's son.

During the hearing, the defence argued that the conduct had taken place in the context of a "joke" and a relationship of trust. They suggested that there was a spurious motive stemming from financial disputes between the families.

However, the court rejected this argument. It stated that the victim's statement is firm, consistent and credible, with no evidence of any intention to fabricate the story or any ulterior motive.

The court based its verdict on the "solid body of evidence" comprising the minor's testimony, the lift's CCTV footage, the witness statement from the friend she asked for help and the findings of the report by the institute of forensic medicine (IML), which confirmed the existence of psychological symptoms consistent with the alleged events.

In determining the prison sentence, the court applied the mitigating circumstance of compensation for the damage caused, as the defendant had paid 3,000 euros into the court's account prior to the trial.

The ruling also imposes a five-year ban on approaching or communicating with the victim, one year's probation and a compensation of 6,000 euros for non-pecuniary damage.

Review the latest crime and judicial news reports