The Provincial Court of Almería has imposed a sentence of 13 and a half years in prison on a man for a continued crime of sexual assault against his own sister, whom he forced and intimidated to undress in front of him and allowed him to explore her intimate area under the pretext of checking "if she was a virgin." The accused threatened her with telling the Jehovah's Witness community to which both belonged that she had had sexual relations outside of marriage.
The ruling, which Europa Press has accessed and against which an appeal can still be filed, applies the aggravating factor of superiority and kinship, both for the role of father figure that the accused played regarding the victim, 14 years younger, and for the religious pressure he exerted on her.
The court also increases the sentence considering it proven during the trial, in which the young woman provided a "credible" and "persistent" testimony, that at least four episodes of this type occurred.
The resolution details that the convicted demanded his sister to undress and let him explore her genital area with the excuse of checking "if she was a virgin," being fully aware of the "sexual connotation" of that behavior, aimed in reality at satisfying "his lustful desires."
Although the victim, 19 years old at the time of the events, repeatedly refused, the accused maintained his purpose and "intimidated" her with revealing to their parents and the Jehovah's Witness community that she had had sexual relations if she did not comply. Under the pressure and threats, the young woman eventually agreed to her brother's demands.
The sentence states that, in his statement, the accused himself admitted that he told his sister that "either he took her to the gynecologist for her to be examined or she had to allow him to examine her himself," despite acknowledging that he lacked "technical" knowledge to carry out this type of examination.
The court dismisses any consent
Despite the defense arguing that there was an alleged "consent" from the young woman for her brother to "check her virginity," Section Three emphasizes that "absolutely" no consent can be spoken of, as the victim "had no other option" but to submit to the examination if she wanted to avoid her brother, who "was a kind of spiritual guide" for her, informing the Jehovah's Witness community that "she had had sexual relations."
"The intimidating force used in this case is unquestionable, not only because the accused himself positions himself as the father and spiritual guide of his sister but because he constrains her to perform the genital recognition either personally or by a gynecologist," states the sentence, which adds that the victim did not confirm that she was actually offered the alternative of going to a doctor.
The events began on October 28, 2023, and were repeated, at least on three more occasions, until December of that same year at the accused's home, following the same pattern of demands and threats with which he managed to bend the young woman's refusal. On those subsequent occasions, no internal palpations were performed.
The court considers that the defendant took advantage of the position granted to him by being the older brother of the victim, with whom "he had always acted as a father," as well as the "respect" and "trust" that the young woman placed in him.
Finally, the woman decided to report the events to the Civil Guard in January of the following year. During the investigation phase and the subsequent trial, it was not possible to determine precisely the extent of the psychological damage suffered.
In addition to the prison sentence, the Court imposes on the convicted 15 years of prohibition from approaching and communicating with his sister, ten years of supervised release after serving the sentence, and the payment of 4,000 euros as compensation, along with other accessory measures.