The Hearing of Oviedo has condemned a neighbor of Gijón, 75, to a sentence of 14 years and three months in prison and probation for six years for raping the daughter of her sentimental partner from the time she was nine years old until she reached the age of majority.
The Eighth Section of the Hearing considers that the defendant committed a continuing crime of sexual assault, in the form of rape with the mitigation of undue delay and imposes the obligation to undergo a training program of sexual education. In addition, he must pay the victim compensation of 30,000 euros for moral damages.
14 years later
The magistrates declare proven that the sexual assaults They began in April 2008, when at that time the accused was 61 years old and lived in Gijón with his girlfriend and her nine-year-old daughter. The man took advantage of the fact that he was frequently alone with the minor because the mother worked shifts and sometimes did not sleep at home.
Her behavior intensified until she began to have complete sexual relations with the minor since she was 13 years old, using protective methods to avoid pregnancy, a situation that the girl endured due to the fear that the accused would harm her or that her mother did not believe her. Furthermore, according to the sentence, he was afraid of the consequences that could result if he related it since the defendant had told him that they were financially dependent on him and that he would abandon them if he did tell.
Report at age 18
Finally, the young woman decided to denounce him in 2017, when she had already turned 18, after suffering new episodes of rape, being aware that the accused was not going to change his behavior and by no longer supporting “psychological coercion and the maintenance of a sexual relationship never consented to by her “, assures the court. The magistrates rule out the existence of a possible nullity of proceedings, as requested by the defense, by not appreciating irregularities in the procedure or for reasons of substance or form.
On the contrary, it understands that the accused committed the violations under intimidation derived from the psychological pressure to which he subjected the minor since she was nine years old and the acts with sexual content were initiated, which caused her to have no other emotional option rather than accessing their practice. An intimidation that, in the opinion of the Court, was decisive in persuading her to maintain sexual contacts under the threat of abandoning them in the belief that they were financially dependent on the accused.
The sentence, which also imposes a restraining order of 16 years, is not final and against it it is possible to file an appeal before the Superior Court of Justice of Asturias (TSJA).