Crime
Valencia music teacher accused of sexually abusing 13-year-old says he suffered abuse during military service
The prosecution is seeking a sentence of five years and a half in prison for the defendant, a former music band director
Ignacio Cabanes
A music teacher accused of sexually abusing a 13-year-old pupil in Valencia province has admitted the offences and apologised to the girl, but is now trying to avoid prison by arguing that alleged sexual abuse he suffered during compulsory military service left him traumatised. His defence has submitted psychological and expert reports in support of its argument as the court considers the case.
The public prosecutor is seeking a five-and-a-half-year prison sentence, followed by five years of supervised release, for a continuing offence of sexual abuse of a child under 16. Prosecutors are also asking the court to ban him for 15 years from any paid or unpaid job, profession or activity involving regular contact with children.
The case came before Section One of Valencia provincial court on Monday, 26 October. The alleged offences date back to January 2021, when the defendant was director of a music band in a town in Valencia province. The newspaper has withheld the town’s name to protect the victim's identity.
According to Las Provincias, while leading the band, the teacher began working with the father of one of its members to promote the group's musical activities.
The girl, who was 13 at the time, attended music lessons taught by the defendant at a local school and the town’s cultural centre. He used this contact to develop a closer relationship with her, asking her to send him study materials, including sheet music, and help him prepare PowerPoint presentations.
When the defendant resigned as band director in the summer, the girl said goodbye to him over WhatsApp. He urged her to keep messaging him. In August, around the time of the band's farewell concert, he again insisted that they stay in contact online and asked her to go into a room, where he kissed her, as he has admitted.
Ongoing grooming
The teacher then began asking the girl for intimate photographs and sending her nude pictures of himself. Taking advantage of the age difference, he led her to believe they were in a romantic relationship in which they exchanged sexual images.
The private prosecution, represented by lawyer Miguel Ferrer, has also accused him of two offences relating to online grooming of minors. The teacher allegedly instructed the girl to delete their messages from her mobile phone.
On the afternoon of 13 November 2021, the girl had half an hour free between classes. She left the cultural centre and, at the teacher's direction, went to an open piece of land beside the school.
According to the prosecution, a claim the defendant has not disputed, he was waiting in a car belonging to his wife. He invited the girl into the back seat to have sex with her, although penetration did not take place. He tried to persuade her by telling her she would not become pregnant and that, if she did, "their relationship would last forever".
The girl's father became suspicious that his daughter's behaviour had changed and reported the matter to the police on 22 November 2021.
Because the case took so long to reach trial for reasons unrelated to the defendant, his defence is asking the court to recognise excessive delays in the proceedings as a mitigating factor.
The defence is also seeking a partial exemption from criminal responsibility, submitting expert reports that argue the defendant’s will was impaired by the trauma of alleged sexual abuse during compulsory military service at the time of the offences.
In addition, his lawyers are asking the court to apply two further highly significant mitigating factors: his eventual admission of the offences and his efforts to compensate the victim. He has paid the full 15,000 euros in compensation.
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