Man sentenced to seven years jail for sexually assaulting 13-year-old runaway

A man has been jailed for seven years for sexually assaulting a child who had run away from a protection centre.

Malaga Provincial Court heard that the man had promised to pay for the victim's bus ticket to another province to visit a relative, in exchange for sexual relations, which he recorded with his mobile phone.

The events occurred on 2 January 2023, when the victim was 13 years old and the assailant was 31.

The girl had run away from the centre at midday, taking advantage of an oversight by her carer during an outing. That day she met the convicted individual.

As the evidence shows, the man told the victim that he would pay for the bus ticket if she agreed to have sexual relations with him, although "he was fully aware of the age" of the girl. The two then went to his home, where the sexual assault took place, which the defendant also recorded with his mobile phone.

Three days later, the girl confessed what had happened to the psychologist at her centre, which led to the man being arrested. He tried to defend himself during the trial, stating that he did not know the victim's age. According to his account, she had told him that she was 19 years old. However, according to the victim's testimony, he was aware that she was 13 years old because she told him so.

The most contentious issue in the case, the court notes, concerns whether the defendant knew the victim's age. The man was over 18 years older than the girl, who had approached him asking for money to visit a family member. "In this situation, the defendant, instead of exercising caution, took advantage of the situation in which he found himself and deliberately ignored, at the very least, the fact that he was dealing with a minor," the ruling states.

Although the court found the victim's account credible, noting that she had informed the man of her age, the provincial court also pointed out that even if his version were true, he would still have committed sexual assault. "Faced with the high probability that the victim was under 16, the defendant fully and consciously chose to engage in sexual activity with her, which in no circumstances can be considered a mistake," the ruling concludes.

According to the sentence, which is not final, the man will have to serve six years in prison for the crime of sexual assault of a minor under 16 years of age, as well as one year and three months in prison for the crime of child pornography. He has also been ordered to stay away from the victim for a period of seven years and given eight years of probation.

He will have to compensate the victim 30,000 euros for the moral damages caused. He has also been disqualified from any profession or trade, whether paid or unpaid, that involves regular and direct contact with minors for 16 years.