The Superior Court of Justice of Andalucía (TSJA) has upheld the six-year prison sentence imposed by the Audiencia of Jaén on a man as the perpetrator of a crime of sexual assault against his second cousin, a 14-year-old adolescent.
The events took place during the early hours of July 5 to 6, 2021 in a vacant lot in the municipality of Puente de Génave (Jaén). The appeal ruling, to which Europa Press has had access, completely rejects both the appeal filed by the defense of the convicted man and the one submitted by the private prosecution, brought by the minor’s mother. In this way, the Andalusian high court confirms the ruling handed down in October 2024 by Section Two of the Audiencia of Jaén.
The trial court judgment considers it proven that the defendant was in that town together with his cousin, who was there on vacation. With the intention of satisfying his sexual impulses, the man subjected her to different sexual conduct.
After what happened, the minor came across a mutual friend, to whom she told through tears what had happened. As a result of the assault, the victim has required specialized therapeutic care for presenting anxious-depressive and self-harming symptoms.
In his appeal, the defense maintained that the right to a process with all guarantees had been violated by the intervention at the trial of a social worker who was not initially included in the expert evidence proposal.
The TSJA dismisses this argument upon verifying that the defense did not show opposition or make any reservation at the time of the oral hearing. In addition, the court emphasizes that the ratification of the psychological report by a single professional is fully valid and sufficient.
The Andalusian court also denies that the presumption of innocence has been harmed, by assessing that the minor’s statement is "convincing and truthful", maintains consistency in all its phases and is reinforced by the testimony of the friend who immediately assisted her, the emergency medical report and the reports issued by the Institute of Legal Medicine. Likewise, it rejects applying by analogy the exemption from responsibility due to proximity in age, since no consent from the victim was perceived at any time.
In parallel, the private prosecution requested expanding the restraining order from the 200 meters set in the sentence to a perimeter of 500 meters and that the aggravating circumstance of abuse of superiority be considered, arguing that the accused had cared for the minor since she was little.
The TSJA dismisses these requests on the grounds that the agreed distance is adequate to prevent any contact and that no factual basis has been proven or described in the indictment that would allow the aggravating circumstance of superiority to be applied.
The Chamber likewise keeps at 25,000 euros the compensation set for the convicted person under civil liability for the moral damages caused, rejecting both the defense’s claim to reduce that amount and the private prosecution’s claim to raise it to 40,000 euros.
The TSJA ruling is still not final and an appeal in cassation may be filed against it before the Supreme Court.