The Supreme Court has confirmed the sentence of 23 and a half years in prison to a man in Cangas del Narcea, in Asturias, who for 35 years physically and sexually abused his sister-in-law, whom he made pregnant when she was a minor.
The Supreme Court rejects that an abuser can claim that he does not know the age of sexual consent
The Criminal Chamber of the High Court has rejected the cassation appeals filed by the aggressor and has thus confirmed the sentence imposed on him by the Superior Court of Justice of Asturias (TSJA) for continued crimes of sexual assault, habitual abuse, mental injuries and threats.
According to the TSJA ruling, the convicted man, after marrying his wife in 1980, moved with her to the house of his in-laws, where his sister-in-law also lived, who was nine years old at that time and who, according to the judges, was became “the object of his obsession.”
The aggressor exercised from that moment an “iron control over the girl” that caused the victim “fear and permanent tension”, as well as an “absolute submission” to his wishes. “The sentence states that the victim abided by the decisions of the convict” believing that this way he could appease his aggressiveness and prevent him from causing harm to family members. ”
On one occasion, the man kicked her in the face and threatened to kill her “if she enrolled in high school,” the text states. “According to the proven facts, the humiliation, contempt, insults, shoving, shaking and beatings that the accused gave the minor were constant,” he adds.
Shortly after, when his sister-in-law was 12 years old, “he began to touch him” and, when he turned 14, “he began to have complete sexual relations, to which the victim did not agree.” Again, the judges argue that the victim ended up agreeing to these acts “due to the fear that the aggressor inspired” in her.
The minor became pregnant with the aggressor when she was 17 years old, although she had to hide the pregnancy first and then the name of the child’s father “for fear of his reaction.” “With a simple gesture she would go where he ordered her, lowering her head and letting herself be done, pressured and frightened by the consequences of a refusal,” the proven facts relate.
Finally, in 2018, more than three decades after the abuses began, the victim denounced the aggressor supported by her son, who took the reins, the court says, “after the accused due to an ‘erratic take’ of his medication suffered an increase in violent episodes “, with threats that it was going to” liquidate “the victim and all his relatives.
The victim suffers, as a consequence of these abuses, chronic post-traumatic stress with serious symptoms of an anxious-depressive state that requires psychiatric and psychological treatment.
After analyzing the case, the Supreme Court agrees with the contested judgment that “there was evidence of the charge” to justify “the factual conviction of the way in which the events occurred.” For the High Court, the TSJA gave credibility to the victim’s testimony, who “issued a sincere and forceful statement.”
The victim provided an account of the events “of total credibility” and showed “coherence and homogeneity” with respect to the statements he made throughout the investigation, the Supreme Court’s ruling continues.
The Criminal Chamber has therefore dismissed the appeal filed by the convicted person and confirms, in addition to the prison sentence, the payment of 72,000 euros to the victim (32,000 for mental injuries and 40,000 for non-pecuniary damage) for said crimes , aggravated by discrimination based on gender and kinship.