Sunday, October 2

Acquitted a 37-year-old man accused of abusing a minor under 16 because he did not know the girl’s age

The Court of Valladolid has issued an acquittal in the case of a man who in 2019 had full sexual relations with a minor under 16 years of age, taking advantage of the invitation that her parents had given him to spend New Year’s Eve at home, after understanding the court that the accused was unaware of the girl’s status as a minor.

The acquittal ruling contrasts with the request for conviction made by both the prosecutor in the case and by the private prosecution, who had requested ten years in prison for the continued crime of sexual abuse of a minor under 16 years of age, with vaginal carnal access, and coincides fully with the postulate of his defense, according to information from the Press Office of the Superior Court of Justice of Castilla y León.

“It was not even represented that she could be under 16 years old when she had sexual relations, since there were only a few days left to fulfill them; her physical appearance was that of an older woman and her intimate behavior revealed a maturity compatible with that of a woman older than her biological age at that time, so the defense’s allegation on this point should be appreciated in terms of the concurrence of the type error of article 14.1 of the Penal Code —invincible error— and, consequently, an acquittal sentence be issued with all the inherent pronouncements”, establishes the court.

The now acquitted, 37-year-old, had met the victim’s father in Argentina years before for both participating in the same musical group, although they had later lost contact when the two changed their country of residence and did not resume it, already in Valladolid , until 2014 through social networks.

On a date that has not been specified, around 2015 or 2017, the defendant invited his friend, his wife and his daughter to attend a party for the baptism of his daughter at his home in a town in Valladolid.

In the month of December 2019, they both contacted each other again by telephone and the accused was invited to his friend’s home because, in addition to celebrating New Year’s Eve, they were celebrating their son’s birthday, who was four years old.

As agreed, the defendant arrived at his friend’s home on December 31, 2019, around 10 p.m., and there he met the daughter of his host, whom he had not seen since the time she he went with his parents to their home three or five years earlier.

It was already early in the morning when, as is understood to be proven, the accused, who had been invited to spend the night in a room of the house, entered the minor’s room, hugged, kissed and even had penetrative sex vaginal, after which he went to the room that had been assigned to him, an episode that occurred again that same night.

On the afternoon of January 3, the minor spoke with her parents and told them that she had had sexual relations with their friend, so her parents went to the Emergency Room, where she was examined by a gynecologist, without the gynecological examination presented lesions in external or internal genitalia.