The Third Section of the Provincial Court of Seville has imposed a sentence of two years in prison on a 66-year-old man for forcibly kissing his 14-year-old granddaughter on the mouth, whom he grabbed by the face while they were talking about her school grades and taking advantage of the fact that they were alone in the house.
According to the section of proven facts in the sentence, consulted by Europa Press, the mother of the minor, the girl, and the grandfather had been living together in the latter's home since the end of July 2025.
On New Year's afternoon, January 1, 2025, and while the mother was absent from the home to do household chores, the man "stayed in the home with his granddaughter, fourteen years old."
The minor was sitting on the sofa when she began a conversation with her grandfather about her grades. In that context, the ruling continues, "at a certain point in the conversation, Juan asked the girl to give him a kiss." The teenager agreed because she thought her grandfather was asking for a kiss on the cheek.
When the girl approached to give him the kiss, the accused "grabbed her face and gave her a kiss on the lips." The minor reacted by pushing him away and went to her room. Shortly after, Juan went to her room to ask for her forgiveness and, at the same time, "justified himself by telling her that she was very pretty."
When the mother returned home after finishing her chores, the minor did not immediately tell her what had happened. Later, already in bed, the woman received a message from her daughter recounting what had occurred.
"I don't know how to tell you this to your face... Earlier, when you weren't here and I was alone with grandpa, we talked about my grades and he asked me if I would give him a kiss. I said yes, because I thought it was on the cheek, but he squeezed my face and gave me a kiss on the mouth. Afterwards, I pushed him away so he would move and I went to my room. He knocked on my door and asked me to forgive him, but I told him no and he told me to take a shower. I waited for you to shower," the minor explained in her message.
Upon reading the text, the mother, "very agitated and nervous, got up from bed, went to the girl's room and told her to sleep with her that night." The mother avoided confronting her father at that moment, although she did inform one of her sisters about what had happened.
The next morning, the woman moved the girl to her previous residence, where they met the minor's father and her sisters. After sharing what had happened and assessing the situation, they decided to file a report. A police patrol went to the family home and then to the grandfather's house, where the arrest took place. "Kissing my granddaughter on the mouth is not sexual assault," the man stated during his arrest.
The medical report included in the case indicates that Juan's clinical history reveals that "at the time the events occurred, he was 66 years old, although he started using cocaine at 23 or 24. He went through periods of very excessive and daily use. Alcohol consumption went hand in hand with cocaine consumption and he reached periods of abusive consumption." This situation "considerably diminished his cognitive capacity, to the point that, when carrying out the narrated events, he thought that kissing his underage granddaughter on the lips was a mere show of affection."
During the trial, the accused maintained that "he kissed her on the cheek" and denied that "he grabbed his granddaughter's face to force her to kiss his lips," although he admitted that he went to ask for her forgiveness "because he loves her, not for kissing her on the lips" and said he did not remember "telling the police officers who arrested him that kissing his granddaughter on the lips was not a crime," although he believed that "he had not said it."
The minor testified that she agreed to kiss her grandfather without hesitation because "she thought he meant a kiss on the cheek, but when she got close to him, he grabbed her by the shoulders and head and forced her to kiss his lips." She added that "her mother became very nervous and told her aunts what had happened" and that "the kiss was tight and lasted a few seconds."
The mother, for her part, stated that she "had gone to put a dryer on at her mother's house" and that she "left her daughter alone for about half an hour," that she gave full credibility to the girl's testimony, and that, after learning of the events, she and her sister confronted their father "telling him everything, while he remained silent." She also testified that she heard the accused tell the officers that kissing his granddaughter "was not a crime," a fact that one of the police officers present corroborated during the oral hearing.
The forensic doctor who intervened in the procedure stated that "he did not perceive that the minor, during his examination, was being manipulated" and that her account was "credible." Until that moment, the relationship between grandfather and granddaughter was normal and there were no previous instances of similar behavior.
The court has given full validity to these pieces of evidence and has pointed out that the only version that contradicts the main account is that of the accused himself, "who denies any participation in the events and, although he admits to having kissed his granddaughter on the cheek, denies lip-to-lip contact, let alone forced contact."
The Court considers that the minor's statement "describes the events clearly and forcefully" and that, along with the rest of the testimonies, "they have sufficient evidentiary weight to destroy the presumption of innocence" and "serve to prove the facts imputed by the Public Prosecutor's Office." Furthermore, it takes into account that the accused admitted to telling his granddaughter that she was very beautiful and that he asked for her forgiveness, although he does not remember stating to the officers that kissing his granddaughter was a crime, which "reveals the existence of contradictions in his account."
Consequently, the court classifies the acts as a crime of sexual assault on a minor under sixteen years of age, appreciating a mitigating circumstance of vincible error of law, understanding that "due to prolonged consumption of narcotics and alcohol, on the day of the events, the accused had such psychosomatic deterioration that it was not possible for him to discern whether what he was doing was unlawful, as it indeed is, or if it was a simple display of affection." For all these reasons, he is sentenced to two years in prison and prohibited from approaching or communicating with his granddaughter for four years.