The Second Section of the Provincial Court of Alicante has sentenced a man to seven years in prison for sexually abusing his two daughters, one of them a minor. On the other hand, the Court has acquitted the grandmother of the victims and her sentimental partner, finding no evidence of her complicity in these events.
The Chamber has declared it proven that the defendant committed the crimes between September 2020 and April 2021 at his mother’s home, in Alicante, during the visitation regime he had with his children as a result of his divorce.
Thus, on the night of December 23 to 24, 2020, he entered the room where his two daughters were staying and approached one of them, a 14-year-old, who he woke up after pulling up the top of her pajamas and performing touching.
The minor pushed her father and managed to get him out of the room. The man, however, returned shortly after and did the same to the other 19-year-old girl.
The sentence declares it proven that the man abused this daughter of legal age in the same way -with touching of a sexual nature on the breasts and genitals- on various occasions between September 2020 and April 2021, taking advantage of the fact that the young woman resided permanently at home from his maternal grandmother because of his studies.
The Court considers the defendant the author of a continuous crime of sexual abuse, for which he is sentenced to three years in prison, and the author of a crime of sexual abuse of a minor under 16 years of age, for which he is sentenced to another four years in prison.
The Second Section of the Hearing applies in both cases the previous Criminal Code, in force at the time of the commission of the facts, understanding that it is more favorable to the accused than the current one, after the reform operated by Organic Law 10/22 of comprehensive guarantee of sexual freedom.
The Chamber has also imposed six years of probation on him, which will be executed after the custodial sentence, and three years of special disqualification to carry out any profession, trade or activity that involves regular and direct contact with minors.
On the other hand, the sentence, which can be appealed against before the Superior Court of Justice, acquits the grandmother of the victims and her sentimental partner, since the evidence carried out in the trial has not been proven that they had knowledge of the acts carried out by the convicted person and that, knowing them, did not prevent them.
