The Second Section of the Provincial Court has sentenced a 45-year-old Pamplona resident who had forced sexual relations with a minor to 6 years in prison —2 for a crime of prostitution and 4 for a crime of sexual abuse with penetration. 14 years old who had been forced into prostitution and who had previously escaped from a shelter run by the Government of Navarra.
In relation to these events, a mother and her daughter, both natives of Cuba, have also been sentenced to 3 years in prison each for inducing the victim and two more minors into prostitution (1 year for each crime). The accused daughter has also been sentenced to another 3 years in prison as a necessary collaborator in the crime of sexual abuse perpetrated by the convicted man.
The sentence, handed down on the 4th in accordance with an agreement between the prosecution, the private prosecution, carried out by the Government of Navarra, and the defense, considers it proven that the accused daughter, 43 years old, knew the 14-year-old minor. because she was a schoolmate of her eldest son.
As reported by the Superior Court of Justice of Navarra (TSJN), the girl “had gone to the home on several occasions, located in Pamplona, ??and had even spent the night there at times.”
On December 4, 2022, this minor, and two others aged 13 and 14, escaped from the protection center dependent on the Government of Navarra where they resided. They went to the detainees’ home, where they remained on the 7th and 9th of the same month. When they arrived at the house, the defendants “told the minors that, if they wanted to stay there, they had to earn a living by having sexual relations.”
Two of the minors rejected that proposal. The third minor “did not refuse and, from then on, the accused daughter contacted potential clients” and sent one of them photos of the minor and asked her for 50 euros in exchange for maintaining relations with her. The man accepted the deal and on December 7 he had sex with the minor.
Two days later, on December 9, this client returned to the home with the same intention. Her minor “refused”, but the man, according to the sentence, “held her tightly” and raped her. And while this minor “was forced to maintain sexual contact with third parties,” the defendant “controlled what she did and received the money for her own benefit.”
According to the sentence, the convicted daughter “presents a picture of mild mental retardation associated with harmful consumption of alcohol and consumption of stimulants and cannabis, which would moderately-severely affect her intellectual and volitional abilities—she is not able to control her actions.” , but it cannot be affirmed that for the facts prosecuted they were annulled.”
His mother, for her part, “is diagnosed with schizophrenia”, which at the time of the events, “could also determine a serious impairment of her intellectual and volitional faculties.” In the agreement reached between the accusations and the defense, the qualified mitigating circumstance of mental disorder has been applied to the two women. In the case of the man, the mitigating circumstance of reparation for the damage has been applied, for having previously given 600 euros to the victim.
A restraining order of between 5 and 10 years has been imposed on the defendants, and they must serve three, eight and 13 years of supervised release. In addition, the convicted daughter and man will have to compensate the minor with 8,000 euros.
The sentence agreed to suspend the mother’s imprisonment for a period of two years with the condition that she pay a fine of 1,314 euros and that she does not commit a crime during said period of time.