Once alone with the girl, the man began to abuse her, leaving her "shocked" and unable to "tell her mother anything".
The following day, the defendant went to the girl's room and began kissing her side and stomach. The mother caught him and an argument ensued. Following this, the woman sent the girl to her grandparents' house, where she stayed until December 2021.
The abuse didn't stop when she returned home. The defendant regained the girl's trust and once again started committing similar acts.
The abuse finally came to light in March 2022, when the man took advantage of his partner being in the shower to take the minor to the kitchen and abuse her. The mother caught him in the act.
The defendant's legal team based their appeal on the alleged violation of the right to the presumption of innocence and an error in the assessment of the evidence.
They argued that the child's testimony lacked credibility due to contradictions and discrepancies with her mother's statements.
The TSJA, however, rejected these arguments, determining that the victim's statement met the established legal standards of credibility. First, the court ruled out any ill will, animosity or ulterior motives that might have led the girl to make a false criminal accusation against her mother's ex-partner, concluding that there was no basis to suspect that the account was fabricated.
The trial was held more than three years after the initial events, when the victim had already turned 16. The court considers it normal that the elapsed time and the girl's developmental stage would justify slight variations in her testimony, clarifying that these variations do not affect the established facts.
In addition, the victim's mother also testified and her statements corroborated her daughter's testimony.
In addition to the primary sentence of ten years and six months in prison, the defendant is also subject to a special disqualification of 13 years and six months from practicing any profession or occupation that involves regular and direct contact with minors.
The ruling also establishes a restraining order that bans the defendant from approaching within 500 metres of the victim, her home or places she goes to often, as well as communicating with her by any means for a period of 15 years.
Once he has served his prison sentence, the man will be subject to a five-year period of supervised release, the specific terms of which will be determined under judicial oversight. Finally, as civil liability, he must compensate the victim with 10,000 euros.
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