The Superior Court of Justice of the Canary Islands (TSJC) has ratified the acquittal of a man accused of abusing his adult daughter after the Provincial Court of Tenerife ruled in the same way.
The rulings see it as possible that relations existed between the two but there is no evidence that they were forced or carried out with the man prevailing over his superiority, so it is remembered that incest is not a crime if both conditions are not met.
The story of the events begins in April 2019 when the father manages to bring the daughter from Venezuela indefinitely to live in the house located in Los Realejos.
A few days later they went out one night to have fun, drank alcoholic drinks and then had a sexual relationship while she was unconscious, which would be followed by other encounters on successive days.
However, both the Provincial Court and the TSJC indicate that since the young woman is not a minor, nor is dependency, “manifest” vulnerability or any evidence of that relationship detected after having ingested alcohol as she reported, she would be facing an “atypical criminal offense.”
In fact, it is stated that the relationship of superiority is not between the father over the daughter, but the other way around, as highlighted by the psychological report prepared by a forensic expert in which it was shown that she was the one who had a strong personality. and dominant unlike the man.
The prosecution pointed out that the first relationship took place when she was unconscious from drinking and, therefore, without her consent, that she has no memory of what happened and only knew it because the accused told her.
The father denied having carried out this abuse and even less that he told him about it, to which would be added the fact that there is no evidence or witness that this happened.
The Court concluded that effectively during that time both had incestuous relationships, which the man does not categorically deny, although he seems to insist that it was always the daughter who had the initiative, to which is added that his brother I had the same perception.
For her part, the woman also referred to these encounters but there is no evidence that she was intimidated in any way or that violence or coercion was involved and she admitted that her father suggested having these relationships but she did not want to.
The young woman indicated that everything ended when the man found out that she was dating a woman who later became his wife.
The accusations unsuccessfully maintained that although there was no violence or intimidation, the daughter was pushed to consent to the abuse due to the situation of economic dependence she maintained on her father, an extreme that is not considered proven by the Court or the TSJC.
Specifically, it is taken into account that the girl was 19 years old at that time, being a direct descendant of a Spaniard, she could regularize her situation without problems, obtain nationality and access the labor market, despite the fact that according to the uncle she never showed interest in work.
Among the little evidence presented is a conversation through an application in which the daughter talks about rape, but without it being able to be given greater probative value.
