Monday, 9 October 2023, 17:11
A Malaga man who sexually abused his eight-year-old niece at least 100 times has had his prison sentence reduced after Spain's 'only yes is yes' law was applied by the courts.
The man was convicted and jailed for nine years at a Malaga provincial court, but the Andalusian High Court reduced the sentence by one year due to a loophole in the controversial new rape law. The legislation was introduced by Spain's Ministry of Equality last November in a bid to toughen penalties for sexual crimes, but it has allowed some convicted offenders to reduce their sentences.
According to court documents seen by SUR, the sexual abuse started in 2014 and continued until one afternoon in August 2016 when the little girl spoke up about what her uncle had been doing to her.
The abuse would happen when they were both left alone in the defendant's or victim's grandmother's house, either in the bedroom or in the living room, and also in the presence of her younger sister who did not realise what was happening. The girl did not break her silence earlier as she was afraid of not being believed or causing the break-up of her family. This fear, as the court pointed out, is a common response experienced by victims of sexual abuse.
The man was also sentenced to special disqualification from exercising the rights of parental authority, guardianship, curatorship, custody or foster care for four years. He has also been disqualified from any profession, trade or activity involving contact with minors for 14 years.
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