A man has accepted a 5-year prison sentence for sexually assaulting a minor in Fontanilles (Baix Empordà) over seven months and getting her pregnant. In the trial, which was held this Thursday in the fourth section of the Girona Court, the defendant admitted that he deceived the victim and, when they began a romantic relationship, he told her that she was 16 years old. In reality, she was 20 and almost turned 21. The youngest was 13 years old. Throughout that time, they had sexual relations, although the victim was not of legal age to give consent. According to judicial sources, the accused also acknowledged that he pushed the minor when they broke up and agreed to do work to benefit the community for the crime of abuse.
The prosecution and the private prosecution, headed by lawyer Jordi Colomer, initially requested 12 years in prison for a continuous crime of sexual assault on a minor under 16 with penetration and a crime of abuse in the area of ??violence against women.
In the trial, which took place this Thursday at the Girona Court, the defendant acknowledged and subscribed to the facts contained in the prosecution’s indictment. Thus, he admitted that in April 2020 he began a romantic relationship with the victim, who at that time was 13 years old: “The defendant introduced himself to the minor, telling her that he was 16 years old, hiding his true age because he was 20 years old and about to turning 21”.
During seven months of the relationship, the defendant and the minor had consensual sexual relations on a regular basis. However, they were clandestine and took advantage of the times when the minor’s parents were not at home “because they did not approve of the relationship.” The prosecution states that, at 13 years old, the teenager “did not have the capacity to consent to sexual relations or to assess their consequences” because he was not of the legal age to give consent and this immaturity “even caused the minor to become pregnant, although “then proceeded to interrupt him.”
The accusations also ruled out that the victim and the defendant had a similar level of maturity due to their close ages. It would, in fact, be one of the reasons provided for by the Penal Code for which an acquittal could end up being issued. “At the time of the events, there was no balance of maturity, development and capabilities when it came to consenting to this type of relationship, there being a clear asymmetry, with superiority on the part of the accused,” the defendant subscribed when he endorsed the account of events of The fiscal.
In addition, he also acknowledged that around 6:20 p.m. on January 26, 2021, he went to the minor’s house to collect some objects after the breakup of the relationship. Once there, they argued and she ended up pushing the minor.
By admitting the facts and allocating money to cover the 6,000 euros in compensation that must be paid to the minor, the prosecution and the lawyer for the private prosecution, Jordi Colomer, have modified the provisional conclusions and are now asking for 5 years in prison. for the defendant, applying mitigating circumstances of reparation for the damage and undue delays (due to the time it took for the case to reach trial). They also request that the defendant carry out work to benefit the community for the crime of abuse.
The defense has joined and the trial has been heard for sentencing.
