Man convicted in Malaga province after admitting to sexually abusing minor with 66% disability avoids prison
The man had been sentenced to two years after reaching an agreement with the prosecution, but the court granted him a suspended prison sentence, considering lack of previous convictions
A 47-year-old man has avoided a two-year-prison sentence after sexually abusing a 16-year-old girl with a 66% disability. Considering that the defendant does not have a criminal record, the court has decided to grant him a three-year suspended sentence.
The sexual abuse incident dates back to October 2020, but the case starts earlier, when the defendant matched with the victim through the W-Match dating app. They exchanged phone numbers and messages through WhatsApp. The man then decided to go to Antequera, although he lived outside Malaga province, to meet the girl.
He acted as if the two had fallen in love and promised her a future together. He persuaded her to meet him on 16 October 2020, when he took her to a rented house, where he had sex with her.
Victim has a 66% disability
The girl was found near a square in her town the following day, after her family had filed a missing person report. According to the ruling, the victim has a diagnosed disability of 66% due to mild mental delay, among other factors that place her in a "highly vulnerable" category.
The defence reached a plea agreement with the prosecution after the defendant acknowledged his guilt, which led to a two-year prison sentence. However, considering the lack of previous convictions, the sentence has been suspended for three years. In order to not serve time in prison, the defendant has to compensate the victim with 3,000 euros.
The defendant travelled from another province to Antequera to meet the minor, whom he had contacted through a dating app
The ruling includes a 500-metre restriction order. The man has also been banned from communicating with the minor for three years. He will be on probation for five years, during which he has been ordered to participate in sex education programmes.
He has also been barred from exercising parental authority, guardianship, curatorship or foster care of minors and from holding any profession or occupation, paid or unpaid, that involves regular and direct contact with children and adolescents for five years.
